NAFR

Order on Board

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. 59/2026 registered at Police Station City Kotwali, District – Raigarh (C.G.), for the offences punishable under Section 420, 467, 468, 471 and 34 of the Indian Penal Code.

2. The case of the prosecution is that the complainant, namely Chabilal Patel, lodged a First Information Report (F.I.R.) alleging that, in the year 2023, during the selection process for the post of GDS (Gramin Dak Sevak), two candidates, namely Sonam Sahu and the present applicant, had applied for the said post and uploaded their requisite documents on the online portal. Both the applicant and the other candidate were selected, however, during the verification process conducted on 10.10.2023, the applicant’s 10th-grade mark sheet was found to be forged. Thereafter, the offences were registered after a delay of about three years, i.e., on 09.02.2026.

3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the aforementioned case. He submits that as per the allegations levelled by the prosecution, the applicant is said to have submitted a forged 10th-grade mark sheet, however, the applicant has never uploaded any such forged mark sheet. The applicant possesses his genuine mark sheet of March, 2008. It appears that some third person has uploaded the alleged forged mark sheet in the name of the applicant, therefore, the applicant cannot be held liable for any offence. He also submits that the applicant was never aware that he had been selected for the said post, nor did he ever join the post of GDS. The applicant has also never derived any benefit from the said selection. He also submits that the applicant has no role in the alleged crime and has been falsely implicated in the present case. There is not even an iota of evidence against the applicant. The alleged date of incident is 10.10.2023, whereas the First Information Report (F.I.R.) has been lodged on 09.02.2026, after a delay of about three years, which has not been explained by the prosecution, despite the complainant allegedly having knowledge of the facts. The applicant has been arrested on the basis of his memorandum statement, wherein it is alleged that the applicant met one Vinod Kumar Rathore in the year 2023, who assured him that he would forge the applicant’s mark sheet in consideration of Rs. 1,50,000/-. It is further alleged that the said Vinod Kumar Rathore forged the mark sheet and uploaded it on the portal. Even if the said statement is taken at its face value, it does not attract any offence against the applicant, as the alleged act has been committed by a third person and not by the applicant. Therefore, no offence is made out against the applicant. He also submits that the present applicant has no criminal antecedents and he is in jail since 12.02.2026, conclusion of the trial may take some time, he prays for grant of regular bail to the applicant.

4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge sheet has not been submitted before the competent Court in the present case.

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

6. Considering the facts and circumstances of the case, particularly the allegation that during the selection process conducted in the year 2023 for the post of Gramin Dak Sevak (GDS), the applicant had applied by uploading the requisite documents on the online portal, and during the verification process held on 10.10.2023, his 10th-grade mark sheet was found to be forged, thereby suggesting that he had allegedly attempted to secure public employment on the basis of fabricated documents, this Court has also taken into consideratio