Anticipatory bail granted in alleged forged death certificate and fraudulent land mutation case.

The applicants, Birendra Dubey and Kamlesh Dubey, apprehended arrest in Crime No. 185/2026 registered at Police Station Jhilmili (Bhaiyathan), District Surajpur, for offences under Sections 318(4), 338, 336(3), 340(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023, and sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The prosecution alleged that the applicants, along with other accused, tampered with the revenue map and procured mutation of disputed land on the basis of a forged death certificate falsely showing the complainant, Shailkumari, as deceased. The mutation application was allegedly filed on 28 November 2024 and allowed on 27 December 2024.

It was further alleged that public notice was deliberately published in the wrong village, and that, after mutation, the land was sold on 5 February 2025 to Sharda Rathore, wife of the then Tehsildar, allegedly in furtherance of a conspiracy and for wrongful gain.

The applicants denied forgery, cheating, manipulation of revenue records, conspiracy and dishonest intention, asserting that the mutation proceedings were conducted lawfully and that their implication was based on suspicion.

The State and the objector opposed the application.

Whether the applicants had made out a fit case for grant of anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with the alleged offences under the Bharatiya Nyaya Sanhita, 2023.

Whether, having regard to the nature of the allegations, the material in the case diary and the overall circumstances, the applicants should be protected from arrest subject to appropriate conditions.

The Court applied Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which empowers the High Court to grant anticipatory bail where a person apprehends arrest for a non-bailable offence, subject to such conditions as may be imposed.

The alleged offences were those punishable under Sections 318(4), 338, 336(3), 340(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023.

In exercising its discretion, the Court considered the overall facts and circumstances, the nature of the dispute, the submissions of the parties and the material available in the case diary, without expressing any opinion on the merits of the prosecution case.

After hearing the parties and examining the case diary, the Court assessed the allegations concerning alleged forgery of the death certificate, manipulation of revenue records, improper mutation proceedings and the subsequent sale of the land.

Without adjudicating the truth of those allegations at the anticipatory-bail stage, the Court found that the applicants had made out a fit case for protection from arrest, having regard to the overall circumstances, the nature of the dispute and the material on record.

The Court therefore exercised its discretion under Section 482 of the BNSS in favour of the applicants, while safeguarding the investigation and trial through conditions prohibiting witness influence, obstruction of a fair trial, non-appearance and involvement in similar offences.

The Court directed that, in the event of arrest, Birendra Dubey and Kamlesh Dubey be released on bail upon executing a personal bond and furnishing one local surety in the like amount to the satisfaction of the arresting officer.

The applicants were directed not to induce, threaten or promise any person acquainted with the facts; not to prejudice a fair and expeditious trial; to appear before the trial court on every date until disposal of the case; to submit Aadhaar cards and full-size coloured postcard photographs bearing the printed Aadhaar numbers, subject to verification by the trial court; and not to commit any similar offence in future.