[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
1
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
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.
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
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
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
