MCRC/8954/2026 of RAMNIVAS GUPTA Vs STATE OF CHHATTISGARH on 11 October 2026

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. 541/2026 registered at Police Station : Kotwali, Ambikapur, District : Sarguja (C.G.) for the offence punishable under Sections 318(4), 319(2), 322, 336(3), 338, 339, 340 and 61(2) of Bhartiya Nyaya Sanhita, 2023.

2. The prosecution case, in brief, is that the complainant, Alok Dubey, lodged an FIR alleging that Varshit Patel hatched a criminal conspiracy and set up co-accused Amar Singh as an impostor to personate the deceased Moharsay, who was the recorded owner of the land bearing Khasra No. 356/2, situated at Ghutrapara, Ambikapur. A registered sale deed in respect of the said land was allegedly executed in favour of the applicant and co-accused Payal Patel, and the accused persons allegedly shared the sale proceeds. On the basis of these allegations, the crime was registered and the applicant was arrested on 06.08.2026.

3. Learned counsel for the applicant submits that the applicant is a bona fide purchaser of the subject property who paid valid consideration and had no knowledge of the alleged impersonation of co-accused Amar Singh. He further submits that co-accused Payal Patel, who is a similarly situated co-purchaser under the same sale deed, has already been enlarged on bail by the learned court below. He also submits that the applicant has no criminal antecedents, the charge-sheet has already been filed before the competent court, and he has been in custody since 06.08.2026. As the conclusion of the trial is likely to take time, he prays for the grant of regular bail to the applicant.

4. On the other hand, learned State counsel opposes the bail application and submits that Varshit Patel hatched a criminal conspiracy with the co-accused persons, including the present applicant, and that they shared the sale proceeds amongst themselves. Therefore, the applicant is not entitled to the grant of regular bail

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

6. It appears that Amar Singh impersonated Moharsay and executed a registered sale deed in favour of the applicant and Payal Patel. Subsequently, the said land was sold to third parties, and the accused persons allegedly shared the sale proceeds. However, co-accused Payal Patel (the co-purchaser) as well as Amar Singh (the alleged impostor) have already been enlarged on bail by the learned court below.

7. Applicant has no criminal antecedents. Furthermore, investigation is completed, charge-sheet has been filed and applicant has been in jail since 06.08.2026, the trial is likely to take sometime for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case.

8. It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 50,000/- to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-

(a) he shall make himself available for interrogation by the police officer as and when required; (b)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; and

(c) he shall not act in any manner which will be prejudicial to a fair and expeditious trial. The observation made hereinabove is for the purpose of deciding this bail application only, the learned trial Court shall decide the case on its own merits. -

Sd/-

(Rakesh Mohan Pandey)

JUDGE A j i n k y a