Anticipatory bail is maintainable under BNSS for alleged issuance of unauthorized land pattas based on disputed assertions.

The applicants (Renlal Ratre, Murli Dhruv, and Gopal Das Jangade) sought anticipatory bail regarding Crime No. 151/2026 registered at Police Station Mandir Hasaud

The prosecution alleged that the applicants, in connivance with a co-accused Sarpanch and the then Secretary, illegally issued abadi pattas on Government grassland and that the Secretary attempted to destroy official records

The applicants contended that the FIR lacked substantive documentary evidence, relied on disputed photocopies, and that they received no personal benefit

1. Whether the applicants have made out a sufficient case for the grant of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023

Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), which governs the power of High Courts to grant anticipatory bail

Sections 318(4) (Cheating), 338 (Forgery of valuable security), 336(3) (Forgery), 340(2) (Forged document used as genuine), and 3(5) (Joint liability) of the Bharatiya Nyaya Sanhita (BNS), 2023

The principle that bail may be granted when allegations are subject to appreciation during trial and the investigation is at a preliminary stage without specific detrimental circumstances brought on record

The Court examined the assertions made by both parties, noting that the allegations against the applicants regarding the illegal issuance of pattas were primarily based on assertions that required evidentiary appreciation during a full trial

The Hon'ble Chief Justice observed that the investigation was in its preliminary stages and the State had not presented specific circumstances or evidence—such as original documents—to warrant custodial interrogation at this juncture

The court considered the applicants' status as permanent residents and their undertaking to cooperate with the investigation as factors mitigating the risk of absconding or tampering with evidence

The Court ordered that in the event of arrest, the applicants be released upon executing a personal bond and one surety each, subject to conditions including: non-interference with witnesses, cooperation with the trial court, submission of Aadhaar verification, and a prohibition against committing similar offenses in the future