Ganesh Prasad Tamboli vs State Of Chhattisgarh

Citation : 2026 Latest Caselaw 280 Chatt
Judgement Date : 10 March, 2026

[Cites 5, Cited by 0]

Chattisgarh High Court

Ganesh Prasad Tamboli vs State Of Chhattisgarh on 10 March, 2026

Author: Ramesh Sinha
Bench: Ramesh Sinha
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                                                                          2026:CGHC:11471


                                                                                          NAFR

                             HIGH COURT OF CHHATTISGARH AT BILASPUR

                                                MCRC No. 2241 of 2026
GOURI
MUDALIAR
                    Ganesh Prasad Tamboli S/o Chandulal Tamboli Aged About 51 Years R/o
Digitally signed
by GOURI           Ward No. 3 Sakreli P.S. Baradwar, District Sakti, Chhattisgarh
MUDALIAR
Date: 2026.03.11
11:26:16 +0530                                                                    ... Applicant


                                                       versus


                   State Of Chhattisgarh Through Station House Officer, Police Station Kumhari
                   District Durg Chhattisgarh
                                                                                ... Respondent
                   For Applicant        :   Ms. Pratibha Sahu, Advocate.
                   For                  :   Ms. Anusha Naik, Dy.G.A.
                   Respondent/State


                                        Hon'ble Mr. Ramesh Sinha, Chief Justice
                                                  Order on Board
                   10/03/2026

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, Chhattisgarh for the offence punishable under Sections 318(4), 336(3), 338, 347, 112(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and 2 Section 66(C) of IT Act.

2. Case of the prosecution, in brief, is that the complainant, Radheshyam Verma, Tahsildar, Tahsil Office Ahiwara, lodged a written report at Police Station Kumhari, District Durg alleging that unknown persons fraudulently obtained User ID Code No. PAT 430600016 allotted to Patwari Krishna Kumar Sinha and misused it to prepare forged online revenue documents relating to lands situated at Village Borsi, Chetua, Achhoti and Murmunda. It is alleged that a forged deed bearing No. RD2023245505044 00001, actually belonging to Village Dhunchapur, RI Circle Korbi, Tehsil Podi Uproda, District Korba, was also used in the process. On 16.06.2025, Patwari Krishna Kumar Sinha received a phone call from mobile No. 9630493572 from a person claiming to be from a bank, who inquired about certain Khasra numbers of Village Borsi and connected him to one Daleshwar Sahu, known to the Patwari. Thereafter, documents including photographs of Kisan Kitab and Khasra were sent to the Patwari for verification. Upon verification with the Adhikar Abhilekh of 1985-86 and manual revenue records on the Bhuiyan Portal, the Patwari found that the entries showing land in the name of Pravin Kumar were forged. He submitted a report on 30.06.2025, after which the SDO (Revenue) ordered deletion of the forged entries. On the basis of the report, FIR bearing Crime No. 154/2025 was registered at Police Station Kumhari, District Durg. During investigation, the present applicant, who was already arrested in Crime No. 201/2025 at Police Station Nandini, was implicated in the present case on the basis of his memorandum statement. Hence, the present bail application.

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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 would submit that co-accused persons have been granted bail by this Court namely Amit Kumar Maurya @ Amit Kumar Mourya in MCRC No. 1900 of 2026 on 24.02.2026, Komal Chand Sahu in MCRC No. 2097 of 2026 on 03/03/2026 & Ashok Kumar Uraon in MCRC No. 2102 of 2026 on 3.03.2026. She would submit that the applicant is in jail since 9/12/2025, he has one criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, she prays for grant of bail to the applicant on the ground of parity.

4. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that the charge-sheet has been filed before the competent Court, but do not dispute the fact that co-accused persons have already been granted bail by this Court and the case of the present applicant is identical to that of the co-accused.

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 9/12/2025, further considering the fact that co-accused persons have been granted bail by this Court namely Amit Kumar Maurya @ Amit Kumar Mourya in MCRC No. 1900 of 2026 on 24.02.2026, Komal Chand Sahu in MCRC No. 2097 of 2026 on 03/03/2026 & Ashok Kumar Uraon in MCRC No. 2102 of 2026 on 3.03.2026, charge sheet has been filed and also considering the fact that trial is likely to take 4 some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case.

7. Accordingly, the bail application of the applicant is allowed and it is directed that the Applicant - Ganesh Prasad Tamboli, involved in Crime No.154/2025 registered at Police Station- Kumhari, District Durg, Chhattisgarh for the offence punishable under Sections 318(4), 336(3), 338, 347, 112(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 66(C) of IT Act, be released on bail on furnishing 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 him 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 shall 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.

Sd/-

(Ramesh Sinha) Chief Justice gouri