Anticipatory bail granted where alleged forgery prosecution primarily arose from a property dispute.

The six connected applications arose from Crime No. 174/2026 registered at Police Station Pathalgaon, District Jashpur, for offences under Sections 318(4), 336(3), 338, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

The applicants comprised a Patwari, a sale-deed witness, the widow of deceased Meenu Chauhan, two purchasers of the disputed property, and a Sarpanch and Panchayat Secretary.

The prosecution alleged that Savitri Chauhan, despite having separated from Meenu Chauhan in 2019 and residing separately, obtained a death certificate recording his date of death as 29.05.2026 instead of 09.05.2026.

She allegedly used the certificate and fabricated village-panchayat proceedings to secure mutation of Meenu Chauhan’s property in her name and thereafter executed registered sale deeds dated 24.07.2026 and 25.07.2026 in favour of Deepanshu Agrawal and Khemasagar Yadav.

The complaint further alleged forgery of Savitri Chauhan’s signature and thumb impression on the sale deed.

The applicants denied the allegations, contending that the discrepancy in the death certificate was inadvertent, that Savitri Chauhan’s name was mutated pursuant to an order passed by the Tahsildar in accordance with law, and that Vijay Yadav was implicated only because he had witnessed one of the sale deeds.

The State opposed anticipatory bail, asserting that the mutation and subsequent sale were based on a forged death certificate and suppression of Savitri Chauhan’s separation from the deceased.

The State also acknowledged that the complainant was only the deceased’s cousin and that the deceased had no surviving legal heir.

Whether the applicants were entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 174/2026.

Whether, considering the allegations of fabrication of the death certificate, fraudulent mutation and illegal sale of the deceased’s property, the applicants’ custodial arrest was necessary.

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.

The underlying allegations concerned offences under Sections 318(4), 336(3), 338, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, relating broadly to cheating, forgery, use or preparation of false documents, criminal conspiracy/common intention, as alleged in the FIR.

The Court also applied the established principle that anticipatory bail may be granted after considering the overall facts and circumstances, the nature of the accusations, and whether the dispute substantially arises from a property-related transaction; no judicial precedent was cited in the order.

The Court considered the competing allegations regarding the incorrect date of death, the validity of the mutation, the alleged separation between Savitri Chauhan and the deceased, and the subsequent sale transactions.

Although the prosecution alleged fabrication of documents and suppression of material facts, the Court found that the complaint appeared, in substance, to arise from a property dispute.

It also noted the State’s submission that the deceased had no surviving legal heir apart from the complainant being his cousin.

Without expressing any opinion on the merits, the Court concluded that the circumstances justified protection from arrest.

The applicants were therefore granted anticipatory bail, subject to statutory and court-imposed safeguards to ensure their availability for investigation and trial.

It directed that, in the event of arrest in Crime No. 174/2026, each applicant be released on anticipatory bail on executing a personal bond of ₹25,000 with one surety for the like amount to the satisfaction of the arresting officer.

The applicants were required to cooperate with interrogation, refrain from influencing witnesses or obstructing a fair trial, and appear before the trial Court on every date until conclusion of the proceedings.