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2026 Supreme(Online)(Chh) 13760

HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ
KOMAL CHAND SAHU – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
MCRC No. 2097 of 2026



Advocates:
For the Appellants/Petitioners: Smita Jha
For the Respondents: Saumya Rai

Regular bail may be granted based on the principle of parity with a co-accused and the completion of the investigation (filing of the charge-sheet), even where the accused has a prior criminal antecedent arising from the same cause of action.

Headnote:The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with offences under Sections 318(4), 336(3), 338, 347, and 112(2) of the BNS. The prosecution alleged that the accused prepared forged documents to illegally record names in revenue records pertaining to government land and subsequently obtained Kisan Credit Card (K.C.C.) loan facilities from a bank. The court noted that the charge-sheet had already been filed. The primary issue was whether the applicant was entitled to bail despite the gravity of the forgery allegations and a prior criminal antecedent. The court reasoned that a co-accused in an identical situation had already been granted bail and the applicant had been granted bail in another case arising from the same cause of action. Given that the investigation was complete and the charge-sheet filed, the court found the applicant entitled to release. Accordingly, the application is allowed.

Table of Content
1. allegations of forgery for illegal land recording and loan fraud. (Para 1 , 2)
2. arguments regarding parity with co-accused and criminal history. (Para 3 , 4)
3. bail granted based on parity and completion of investigation. (Para 5 , 6)
4. grant of bail subject to specific conduct conditions. (Para 7 , 8 , 9)

Order on Board

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 154/2025 registered at Police Station Kumhari, District Durg (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 347, 112(2) of BNS.

2. Case of the prosecution, in brief, is that a written complaint was submitted before the concerned Police Station alleging that the accused persons had prepared forged documents and, on the basis of such forged documents, illegally recorded their names in the revenue records in respect of government land. It is further alleged that by using the said forged documents, the accused persons obtained Kisan Credit Card (K.C.C.) loan facilities from the bank. On the basis of the said complaint, the police registered an offence under Sections 318(4), 336(3), 338, 347, and 112(2) of the BNS, 2023. The present applicant has been implicated in the matter, allegedly in connection with the aforesaid acts. Hence, the bail application.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. She further submits that identically situated co-accused, namely, Amit Kumar Maurya has already been granted bail by this Court vide order dated 24.02.2026 in MCRC No.1900 of 2026. The applicant is in jail since 11.12.2025, so far as criminal antecedent of the applicant is concerned, applicant has one criminal antecedent arising from same cause of action registered at Crime No.201 of 2025, in which, the applicant has already been granted bail by this Court vide order dated 28.01.2026 in MCRC No.919 of 2026, further the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant.

4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant allegedly involved in the preparation and use of forged documents for the purpose of illegally recording names in the revenue records pertaining to government land and for obtaining Kisan Credit Card (K.C.C.) loan facilities from the bank. Furthermore, the applicant has one criminal antecedent of identical nature registered at Crime No.201 of 2025. Therefore, the applicant is not entitled for grant of bail.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 11.12.2025, the fact that though the applicant allegedly involved in the preparation and use of forged documents for the purpose of illegally recording names in the revenue records pertaining to government land and for obtaining Kisan Credit Card (K.C.C.) loan facilities from the bank, but considering the fact that identically situated co-accused, namely, Amit Kumar Maurya has already been granted bail by this Court vide order dated 24.02.2026 in MCRC No.1900 of 2026, so far as criminal antecedent of the applicant is concerned, applicant has one criminal antecedent arising from same cause of action registered at Crime No.201 of 2025, in which, the applicant has already been granted bail by this Court vide order dated 28.01.2026 in MCRC No.919 of 2026 and the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be releas

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