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2026 DAILYLAW 8612 (CHH)

HEMANT KUMAR KEWAT v. STATE OF CHHATTISGARH

MCRC/10054/2025 · 2026-01-19

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:3366 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10054 of 2025 Hemant Kumar Kewat S/o Shri Lakhanlal Kewat Aged About 45 Years R/o Village- Tanaud P.S. Sheorinarayan Distt- Janjgir-Champa (C.G.) --- Applicant versus State Of Chhattisgarh Through- Station House Officer Police Station- Sakari Distt- Bilaspur (C.G.) --- Respondent(s) For Applicant : Mr. Sunil Sahu, Advocate For Respondent(s) : Ms. Soumya Rai, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20/01/2026 1. The applicant had preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 923/2024, registered at Police Station- Sakari, District- Bilaspur (CG) for the offence punishable under Section 318(4), 338, 340(2), 336(3), 61(2) of 2 BNS, 2023. 2. The prosecution story in brief, is that, the complainant Smt. Shraddha Singh, Nayab Tahsildar, Ganiyari has lodged the report on 04.12.2024 at police station Sakari with the averment that she received the instructions from SDO Revenue Takhatpur dated 03.12.2024 regarding add of forged khasra no. in the account of Agriculturist through the Patwari ID and during enquiry it appeared that co-accused Rajkishore Sawaiya the then Patwari and his Assistant Computer Operator Satwant Singh Tandon have increased the Khasra no. 24/3, 128/4, 130/3, 130/4 and 279/3 in the Bhuiyan Portal in the name of present applicant and a total land 7.317 hectare has been recorded in his online portal and the present applicant has taken the loan from IDFC Bank Bhatapara therefore on the basis of the report offence as mentioned above has been registered against the applicant and others and applicant was arrested on 18.11.2025. 3. It was argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and he has not committed any fraud or forgery by changing the area of the Khasra no. in the portal as the said portal can be used by the co-accused Rajkishore Sawaiya Patwari of the concerned Halka number. The said Patwari has cheated the applicant by recording the land about 7.317 hectare in the name of applicant and also made the applicant to take the loan from the bank. He 3 further submits that the main accused who has made the forged entry in the portal has already been released on anticipatory bail by this Hon’ble Court vide order dated 09.01.2025. The present applicant is in jail since 18.11.2025. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the case pertains to Khasra No. 5, area 7.317 hectares, where the applicant/ accused is alleged to have fraudulently added Khasra numbers to the Bhuiyan portal and deleted them using the Patwari ID and made false entries of crops in the said Khasra numbers. Therefore, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, submissions of the counsel for the parties, nature of dispute and document appended thereto, further the fact that the co-accused has already been granted anticipatory bail by this Court, and the fact that the applicant is in jail since 18.11.2025, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant- Hemant Kumar Kewat, involved in Crime No. 923/2024 registered at Police Station- Sakari, District- Bilaspur (C.G.), for the offence punishable under Sections 318(4), 338, 4 340(2), 336(3), 61 (2) of BNS be released on bail on his furnishing a personal bond with two 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 them under Section 269 of Bhartiya Nyay Sanhita, 2023 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with 5 law, under Section 209 of Bhartiya Nyaya Sanhita, 2023. (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 BNSS. If in the opinion of the trial court absence of the applicants 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 them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Madhurima