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2026 DAILYLAW 4795 (CHH)

GAUTAM BHAKT v. STATE OF CHHATTISGARH

MCRCA/524/2026 · 2026-04-09

body2026

Judgment text

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1 2026:CGHC:16622 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 524 of 2026 Gautam Bhakt S/o Late Gourang Bhakt Aged About 46 Years R/o Ward No. 5, Sharda Vihar Colony, Thana - Mana Camp, District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through S H O Police Station - Abhanpur District Raipur Chhattisgarh ... Respondent(s) For Applicant : Mr. Awadh Tripathi, Advocate For Respondent(s) For Objector : : Mr. Nitansh Jaiswal, Dy. G.A. Mr. Ankur Agrawal, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 10/04/2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the 2 applicant, who is apprehending his arrest in connection with Crime No. 89/2026 registered at Police Station – Abhanpur, District- Raipur (C.G.) for the offence punishable under Section 318(4), 338, 336(3), 3(5) of BNS, 2023. 2. The prosecution case, in brief, is that on the basis of a written complaint lodged by one Sarit Barai, Crime No. 89/2026 was registered at Police Station Abhanpur, District Raipur for offences under Sections 318(4), 338, 336(3), and 3(5) of the Bharatiya Nyaya Sanhita. It is alleged that the land bearing Khasra No. 70, admeasuring 1.60 hectares, situated at Village Pacheda, Tahsil Abhanpur, was originally recorded in the name of Vishnu Prasad Mandal. The main accused Manoranjan Mandal allegedly prepared forged and fabricated documents, including a false death certificate of one Vishnu Pad Mandal, and falsely projected himself as the sole legal heir of Vishnu Prasad Mandal. On the basis of such forged documents, he got the land mutated in his name. It is further alleged that subsequently, through manipulation of revenue records and family lineage (genealogy), the names of other persons including the present applicants were entered, and the land was partitioned. Thereafter, part of the land was sold through a registered sale deed to one Hamida Khan. During inquiry conducted by the Revenue Authorities, it was found that Vishnu Prasad Mandal and Vishnu Pad Mandal were two different persons, and the death certificate relied upon was not related to the actual landowner. It was also found that forged documents 3 were used to obtain wrongful mutation and derive unlawful gain. During investigation, it has come on record that co-accused Gautam Bhakt allegedly played a key role in instigating the main accused by misrepresenting facts regarding ownership of the land. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated. It is contended that the applicants are legal heirs and their names came to be recorded pursuant to orders passed by the competent Revenue Authority. It is further submitted that the applicants have not sold any portion of the land and have not derived any wrongful gain. It is also submitted that the main accused Manoranjan Mandal has already been arrested and relevant documents have been seized. The present applicants have no criminal antecedents and are permanent residents of District Raipur. There is no likelihood of their absconding or tampering with evidence. They are ready to cooperate with the investigation. 4. On the other hand, learned State counsel and counsel for the objector opposed the application on the ground that the offence involves serious allegations of forgery, cheating, and manipulation of revenue records. It is submitted that the applicants were aware of the forged nature of documents and still participated in the partition proceedings. 5. I have heard learned counsel for the parties and perused the material available on record. 4 6. Upon perusal of the case diary and documents on record, it appears that the main allegations of preparation and use of forged documents are primarily attributed to the co-accused Manoranjan Mandal and instigation is attributed to co-accused Gautam Bhakt, whose application has already been rejected. So far as the present applicants Govind Bhakt and Kanchan Barman are concerned, the material on record does not prima facie indicate that they played any active role in preparation of forged documents or instigation of the main accused. Their involvement appears to be limited to being beneficiaries of subsequent partition proceedings, which were carried out pursuant to orders of the Revenue Authorities. It is also relevant that the case is based primarily on documentary evidence, most of which has already been seized, and the main accused has been arrested. No further custodial interrogation of the present applicants appears necessary at this stage. The applicants have no criminal antecedents, are permanent residents, and there is no material to suggest that they would abscond or interfere with the course of investigation. 7. Considering the overall facts and circumstances of the case, nature of allegations, role attributed to the present applicants, and the stage of investigation, this Court is of the view that it is a fit case to grant anticipatory bail to the applicants. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Gautam Bhakt, on 5 executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The applicant 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 from disclosing such fact to the Court. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Madhurima