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2026 DAILYLAW 38983 (CHH)

SANTDAS v. STATE OF CHHATTISGARH

MCRCA/1679/2026 · 2026-10-08

Shri Parth Prateem Sahu

body2026

Judgment text

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1 CGHC010392962026 2026:CGHC:43888 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1679 of 2026 1. Santdas S/o Laxman Das Aged About 42 Years R/o Purgaon, Police Station And Tehsil Bilaigarh, District Sarangarh- Bilaigarh Chhattisgarh ... Applicant versus 1. State of Chhattisgarh Through Station House Officer, Police Station Bilaigarh, District Sarangarh-Bilaigarh Chhattisgarh ... Non-applicant For Applicant : Mr. Sumit Singh Rathore, Advocate For Non-applicant : Mr. Avinash Singh, Government Advocate For Objector : Ms. Khusboo Dua, Advocate Hon'ble Shri Justice Parth Prateem Sahu Order On Board 09/10/2026 1. This is first bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of anticipatory bail to applicant who is apprehending his arrest in connection with Crime No.175/2026 registered at Police Station Bilaigarh, District Sarangarh-Bilaigarh (C.G.) under Sections 318 (3), 318 (4), 319, 336 (3), 338, 339, 340, 61 (2) of Bhartiya Nyay Sanhita, 2023. SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI 2 2. Case of prosecution, in brief, is that the complainant lodged written report in concerned police station alleging that complainant is in possession of the land bearing Khasra No.9 area 0.924 hectare situate in village Purgaon. Applicant along with co-accused persons have prepared affidavit with forged signature of the complainant, submitted the same before the revenue Court and got the land mutated in the name of one Nilansh Jaiswal. It is further alleged that applicant being Village Kotwar has produced forged service report of the proclamation/notice issued in revenue case. 3. Learned counsel for applicant would submit that applicant is innocent and has been falsely implicated in crime in question. Applicant is village Kotwar and his role was only that he served the notice/proclamation issued by the Tahsildar in the mutation case. False allegation has been levelled against him that the proclamation/notice was not served upon the person named thereon and signature is obtained by some other person in the name of noticee. Applicant is a village Kotwar, he is ready to co- operate with the Police in investigation and also to abide by all the terms and conditions that may be imposed by this Court while granting anticipatory bail. 4. On the other hand, learned State Counsel opposes submissions of learned counsel for applicant and submits that 3 applicant has committed the offence in question as he returned back the proclamation/notice issued by the Court of Tahsildar after obtaining signature of other person in the name of complainant Rameshwar. However, on putting specific query as to whether specimen signature of the complainant has been obtained and verified or sent for verification, he submits that though specimen signature is taken on 1.9.2026, however, there is no further proceeding available in case diary. He submits that the matter is still under investigation. 5. Ms. Dua, learned counsel appearing on behalf of Objector also opposes bail application and adopts the arguments advanced by learned counsel appearing on behalf of the State. 6. At this stage, learned counsel for applicant submits that co- accused Gangaram Nirala, an Advocate, has been enlarged on anticipatory bail vide order dated 25.9.2026 in M.Cr.C. (A) No.1570/2026. Further, according to his instructions, co- accused Kamlesh Kumar Sidar, Tahsildar has also been granted benefit of anticipatory bail. 7. Heard learned counsel for the parties. 8. Taking into consideration the submission of learned counsel for respective parties and nature of allegations, without commenting anything on merits of the case, I am inclined to 4 release the applicant on anticipatory bail. Accordingly, the anticipatory bail application is allowed. It is directed that in the event of arrest of applicant in connection with aforementioned crime, he shall be released on bail his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The applicant shall also abide by following conditions :- (i) he shall make himself available for interrogation before the investigating officer as and when required; (ii) he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; (iii) he shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and iv) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of trial. Sd/- (Parth Prateem Sahu) Judge roshan/-