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Chattisgarh High Court
Rohit Kumar Patel vs State Of Chhattisgarh on 2 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:15376
NAFR
VAIBHAV
SINGH HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally signed by
VAIBHAV SINGH
Date: 2026.04.02
17:39:22 +0530
MCRCA No. 457 of 2026
Rohit Kumar Patel S/o Late Kedarnath Patel Aged About 50 Years R/o
Village- Dabhara Khurd P.S. Birra, District- Janjgir-Champa (C.G.) (Wrongly
Mentioned As P.S. Balouda In The Impugned Order) ... Applicant
versus
State Of Chhattisgarh Through- The P.S. Birra, District - Janjgir-Champa
(C.G.) ... Respondent
For Applicant : Mr. Suresh Kumar Verma, Advocate.
For Non-applicant/State : Ms. Vaishali Mahilong, Dy. G.A.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
02.04.2026
1. This first anticipatory bail application under Section 482 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is
apprehending his arrest in connection with Crime No. 39/2026
registered at Police Station - Birra, District - Janjgir-Champa (C.G.) for
the offences punishable under Section 318(4) & 3(5) of the BNS.
2. The prosecution story in brief is that on 02.03.2026 the Jila Panchayat
Janjgir-Champa the Upadhyaksha given a complaint letter to the
collector that Late Smt. Suman Bai w/o Ashok Patel resident of village
Birra district Janjgir-Champa in the Mitanin register, showk patra the
date of death is 27.11.2024 was registered and the application of the
death of dated 04.12.2024 registered on 09.12.2024 and the fake death
certificate was prepared for taking a benefit of Mukhya Mantri Nirman
shramik Mrityu avam Divwang sahayata yojna filed a wrong documents
and labour inspector accept the application and given a Rs. 1 lakh on
dated 17.09.2025 UTR process deposited in the account of Ashok
Patel State bank branch Janjgir A/c no. 36209452933 on that
application the Tehsildar Bamhandih was investigate. That, in the
direction of the Collector Janjgir-Champa the complainant Sameer
Mirshra labour officer Janjgir-Champa on dated 15.03.2025 lodged a
report in police station Birra against the Ashok Patel and the present
applicant.
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in this case. It is further submitted that
the present applicant is innocent and has been falsely implicated in the
present case. The applicant has been serving as Secretary of Gram
Panchayat since the year 2009 and has worked in Gram Panchayat
Sonadah, Gram Panchayat Sarhar, and is presently posted in Gram
Panchayat Birra since the year 2020. During his entire service tenure,
no complaint has ever been made against him and he has discharged
his duties honestly and sincerely. It is further submitted that the main
accused, namely Ashok Patel, husband of the deceased Smt. Suman
Bai, in his memorandum statement, admitted that he and one Khemlal
Sahu conspired to misappropriate the amount withdrawn under the
Mukhya Mantri Nirman Shramik Mrityu Evam Divyang Sahayata Yojna
and had agreed to distribute the amount equally between themselves.
It is further submitted that Ashok Patel had submitted an application,
shok patra, and Aadhaar card of the deceased before the Secretary of
Gram Panchayat and stated that his wife had died on 02.06.2025.
Thereafter, an application dated 19.06.2025 was submitted before the
Gram Panchayat, which was certified by the Sarpanch and also bore
the signatures of Ashok Patel and his father-in-law, Dhaniram Patel. On
the basis of the said application, shok patra, and certified report dated
19.06.2025, the present applicant merely issued a receipt and
forwarded the documents to the computer center for online processing
of the death certificate. Thus, the applicant had only performed his
official duties in a routine manner and had no role in the alleged
misappropriation. The entire conspiracy, if any, was committed by the
main accused Ashok Patel and Khemlal Sahu. The applicant has been
implicated only because he was serving as Secretary of Gram
Panchayat Birra. The applicant is a permanent resident of the address
mentioned in the cause title, there is no likelihood of his absconding or
tampering with the prosecution evidence, and he is ready to furnish
adequate surety and abide by all conditions that may be imposed by
this Hon'ble Court while granting bail.
4. On the other hand, learned State counsel opposed the anticipatory bail
application of the applicant.
5. I have heard learned counsel for the parties and perused the case
diary.
6. Considering the facts and circumstances of the case, the submissions
advanced by learned counsel for the parties, the nature of the dispute,
and the material available on record, without commenting anything
further on the merits of the case, this Court finds it appropriate to grant
anticipatory bail to the applicant.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the
event of arrest of the applicant - Rohit Kumar Patel, on executing a
personal bond and one local surety in the like sum to the satisfaction of
the arresting Officer, he shall be released on bail on the following
conditions:-
(a) he shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to
dissuade him from disclosing such fact to the
Court.
(b) he shall not act in any manner which will be
prejudicial to fair and expeditious trial.
(c) he shall appear before the trial Court on each
and every date given to him by the said Court till
disposal of the trial.
(d) the applicant and the surety shall submit a copy of his
adhaar card along with a coloured postcard full size photo
having printed the adhaar number on it, which shall be
verified by the trial Court.
(e) he shall not involve himself in any offence of
similar nature in future.
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
vaibhav
