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2026 DAILYLAW 10438 (CHH)

KANHAIYALAL DEVANGAN v. STATE OF CHHATTISGARH

MCRC/2807/2026 · 2026-04-27

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Judgment text

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1 2026:CGHC:19666 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2807 of 2026 Kanhaiyalal Devangan, Aged About 36 Years, S/o Sukhram Devangan R/o Ward No. 60 E-Sector-02, Bhilai, Police Station- Bhatti. District- Durg, C.G. ... Applicant versus State Of Chhattisgarh Through- District Magistrate Sakti, District- Sakti, C.G. ... Respondent For Applicant : Shri Santosh Kumar Dubey, Advocate. For Respondent/State : Ms. Vaishali Mahilong, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/04/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.32/2025 registered at Police Station Sakti, District -Sakti (C.G.) for the offence punishable under Sections 420, 34 of Indian Penal Code. 2. Case of the prosecution, in brief, is that on 25/01/2025 Yogesh Devangan residence of ward No. 11, Sakti filed a report lodged in GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.29 17:34:48 +0530 2 Police Station Sakti that I have been operating a website called Devangan Rishta Matrimony website since 22 July, 2018 Kanhaiya Devangan and Rama Devangan, owners of the website Vivaah Parichay.com based in Bhilai are fraudulently taking all their biodata of brides and grooms posted on my website and creating profiles on their website. On the basis of such report lodged by the complainant concerned police has investigated the matter and registered the crime for an offence under section 420, 34 of Indian Penal Code and applicant has been arrested on 31/01/2026. Hence this bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. He would submit that co-accused Sema Devangan and Deepak Devangan have been granted anticipatory bail by the trial court. He would submit that there is delay in lodging FIR as the incident is of 14/09/2021 and FIR is dated 25/01/2025. It is further submitted that the applicant has neither cheated nor copied any biodata from members of the Devangan Rishta Matrimony website, nor has he received any money from any person through the said platform. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 31/01/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, nature of allegation levelled against the applicant, further the fact that co-accused Sema Devangan and Deepak Devangan have been granted anticipatory bail by the trial court, period of detention of the applicant since 31/01/2026, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Kanhaiyalal Devangan, involved in Crime No.32/2025 registered at Police Station Sakti, District -Sakti (C.G.) for the offence punishable under Sections 420, 34 of Indian Penal Code, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri