Anticipatory bail granted where land dispute is civil in nature and lacked evidence of fraudulent intent.

The applicant sought anticipatory bail regarding Crime No. 161/2026 for alleged offences of cheating and forgery

The prosecution alleged that the applicant and another executed a Sale-Deed for land belonging to Late Jamila Khatoon using a fraudulent Rin Pushtika (No. P-1948564) instead of the original (No. L-22055) to bypass the Collector’s permission required under the Chhattisgarh Land Revenue Code

The applicant contended that the dispute is purely civil, noting that a prior enquiry by the Tehsildar found the mutation valid and the police had previously reported no commission of a fraudulent transfer on 15.04.2025

Whether the applicant is entitled to the protection of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering the nature of the allegations and the prior administrative/police enquiries

The court applied Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), which governs the grant of anticipatory bail (corresponding to Section 438 of the CrPC)

Substantively, the allegations involved Sections 420 (cheating), 467 (forgery of valuable security), 468 (forgery for purpose of cheating), and 471 (using forged document as genuine) read with Section 34 of the Indian Penal Code

The court also considered the regulatory requirements of Section 165(6)(B) of the Chhattisgarh Land Revenue Code regarding land transfers

The Court examined the competing claims and the case diary

It took significant note of the applicant’s submission that the dispute had already been scrutinized by revenue and police authorities

Specifically, the Revenue Inspector and Patwari had reported that the mutation was based on a valid sale deed and that no objections were raised during the mutation process

Furthermore, the court considered the applicant's argument that a prior police enquiry concluded no offence was committed, suggesting the criminal case was an attempt to give a "criminal colour" to a "civil nature" dispute

Based on these circumstances and the material available on record, the court found the case fit for bail without delving into the merits

The holding directed that in the event of arrest, the applicant be released upon executing a personal bond and providing one local surety, subject to conditions including non-interference with witnesses, regular court attendance, and the submission of verified Aadhaar credentials