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2026 DAILYLAW 11142 (CHH)

RAJESH SHARMA v. STATE OF CHHATTISGARH

MCRCA/611/2026 · 2026-04-26

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Judgment text

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1 2026:CGHC:19358 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 611 of 2026 • Rajesh Sharma S/o- Late Satyanarayan Sharma Aged About 61 Years R/o- B,192, Samta Colony, Raipur, Chhattisgarh. ... Applicant(s) versus • State of Chhattisgarh Police Station-Bagbahara District- Mahasamund Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Virendra Kashyap, Advocate For Respondent(s) : Ms. Vaishali Mahilong, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 27.04.2026 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.129/2011 registered at Police Station – Bagbahara, District - Mahasamund (C.G.) for the offence punishable under Section 420 of Indian Penal Code,1860. 2. Prosecution case in brief is that on 30.04.2011, Sevak Ram Chandrakar, son of Mantrulal Chandrakar, resident of Khopali, filed a written complaint against the applicant/accused Rajesh Sharma along with other officials of Dolphin International Group of Schools, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.28 11:27:45 +0530 2 Bagbahara. The complainant alleged that the accused, as part of the school management, collected large sums of money from the parents of students. The amounts ranged from Rs. 65,000 to Rs. 85,000 per student for admissions, tuition, and school-related expenses from students ranging from Nursery/PP-1 to Class 12th. It was stated that despite receiving these sums, the school did not provide the promised services, including: Issuance of examination results; Transfer certificates (TCs) for students; Proper functioning of the school according to the contract with the parents. The complainant further alleged that the school management, including Rajesh Sharma and other officials, locked the school premises for several days and absconded, thereby cheating and defrauding the students and their parents. The complainant claimed that the accused violated contractual obligations, embezzled funds, and caused financial and mental hardship to students and their families. Based on this complaint, a case was registered as Crime No.129/2011 under Section 420 IPC at Bagbahara Police Station, Chhattisgarh. Subsequent investigation revealed that other police stations (Saraswati Nagar, Raipur and Gobra Nayapara) had registered similar cases against the applicant, where he was earlier taken into judicial custody. The prosecution contends that the applicant, along with other co-accused, committed fraud and misappropriation of crores of rupees through the operation of Dolphin International School, and the investigation is ongoing to ascertain the exact role and culpability of each accused. 3. Learned counsel for the applicant would submit that the applicant is innocent person and he has not committed any offence as alleged by the prosecution and he is falsely implicated in the present case. It is 3 further submitted that the applicant has already faced prolonged incarceration of about eight years in similar cases registered at Saraswati Nagar Police Station, Raipur (MCRC No.672 of 2026) and Gobra Nayapara Police Station (MCRC No.661 of 2026) and has been granted bail by co-ordinate bench of this Court in both cases, therefore he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail to the applicant and she could not dispute the fact that applicant has already faced prolonged incarceration of about eight years in similar cases registered at Saraswati Nagar Police Station, Raipur (MCRC No.672 of 2026) and Gobra Nayapara Police Station (MCRC No.661 of 2026) and has been granted bail by co-ordinate bench of this Court in both cases. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, and further the fact thatThe applicant has undergone a prolonged incarceration of approximately eight years in similar cases registered at the Saraswati Nagar Police Station, Raipur (MCRC No. 672/2026) and the Gobra Nayapara Police Station (MCRC No. 661/2026), and has been granted bail by co-ordinate bench of this Court in both cases, therefore, I am inclined to extent the benefit of Section 482 of the B.N.S.S. to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rajesh Sharma, on executing a personal bond with one surety in the like sum to the satisfaction of 4 the arresting Officer, he shall be released on bail on the following conditions:- (a) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali