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2026 DAILYLAW 7242 (CHH)

VIRENDRA GUPTA v. STATE OF CHHATTISGARH

MCRC/1492/2026 · 2026-04-21

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Judgment text

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1 2026:CGHC:18499 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1492 of 2026 Virendra Gupta S/o Shri Vijay Gupta Aged About 28 Years R/o Village Kadoura Police Chouki Daura, P/s Pasta, District Balrampur-Ramanujganj, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Chouki Daura, P/s Pasta, District Balrampur-Ramanujganj, Chhattisgarh. ...Non-applicant For Applicant : Mr. Rohan, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Dy. G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 22.04.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 45/2025 registered at Police Station – Police Chouki Daura, P/S Pasta District Balrampur-Ramanujganj,(C.G.), for the offences punishable under Section 318(2), 318(3), 319, 336(3), 338, 340(2) and 61 of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.23 10:48:10 +0530 2 2. Case of the prosecution, in brief, is that the present case pertains to allegations of manipulation of revenue records in respect of several khasra lands situated in villages Pakaradi, Semrakala, Bhedari, Kasmidha, Koteriha and Kodera, having a total area of about 29.008 hectares, including Government as well as private land. It is alleged that the accused persons, Ajendra Toppo and Virendra Gupta (applicant), in connivance with each other, misused the Halka Patwari ID and fraudulently altered entries on the Bhuiyan Portal by inserting the names of the applicant and his family members. It is further alleged that upon written complaints made by the Sarpanches of the concerned Gram Panchayats and a subsequent inquiry conducted by the Tahsildar, Rajpur, such forged and unauthorized entries pertaining to the agricultural year 2025–26 were detected in the revenue records, which ultimately led to the registration of Crime No. 45/2025 at Police Chouki Daura, Police Station Pasta. 3. Learned counsel for the applicant submits that the applicant has never applied for any form of procurement, nor has he ever submitted any application for sale or derived any benefit before any revenue authority or procurement committee. It is further submitted that even assuming, without admitting, that the applicant’s name appeared in certain revenue records, the same has already been found to be erroneous, and upon an application made in this regard, the concerned Tahsildar, Rajpur, has passed an order dated 26.12.2025 correcting the said mistake, which clearly establishes that the entry was inadvertent and not deliberat. The applicant had, in a bona fide manner and without delay, approached the competent revenue authorities by submitting written applications before the Collector and 3 the concerned Tahsildar, specifically stating that the land in question had been wrongly recorded in his name, that he had no role, involvement, or knowledge regarding such entry, and that the same was made without his consent or participation, it was also clarified that the applicant had not derived any benefit whatsoever from the alleged entry and had sought its immediate rectification. It is further submitted that such erroneous entries were not confined to the applicant alone, but similar incorrect entries were found in the names of several other unrelated persons having no connection with the applicant, thereby indicating that the entries were the result of a systemic or clerical error rather than any deliberate act attributable to the applicant; copies of the relevant revenue records. It is also most respectfully submitted that all such lands have now been restored as Government land by the competent authorities after due verification, and the names of private persons have been deleted from the revenue records. It is further submitted that although the police have seized the mobile phone and laptop of the applicant, no document, data, or material indicating manipulation of revenue records or misuse of login credentials has been recovered, which clearly weakens the prosecution case. Lastly, it is submitted that the investigation in the present case has already been completed and the final charge-sheet has been filed before the learned Judicial Magistrate First Class, Balrampur, therefore, no further custodial interrogation of the applicant is required. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant has one previous criminal antecedent, therefore, he is not entitled to the grant 4 of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and further taking into account that the charge-sheet has already been submitted before the competent Court and the applicant has remained in jail since 13.12.2025, and the conclusion of the trial is likely to take some time, this Court is inclined to grant regular bail to the present applicant. 7. Let the Applicant – Virendra Gupta, involved in Crime No. 45/2025 registered at Police Station – Police Chouki Daura, P/S Pasta District Balrampur - Ramanujganj,(C.G.), for the offences punishable under Section 318(2), 318(3), 319, 336(3), 338, 340(2) and 61 of the BNS, be released on bail on his furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court 5 shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav