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2026 DAILYLAW 12719 (CHH)

KHEMLAL v. STATE OF CHHATTISGARH

MCRCA/682/2026 · 2026-05-05

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Judgment text

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1 2026:CGHC:21194 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 682 of 2026 • Khemlal S/o. Maheshram Sahu Aged About 32 Years R/o. Village Pendri, Police Station Hasaud, District- Sakti (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through- The Station House Officer, Police Of Police Station Birra, District Janjgir-Champa (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Vivek Singhal, Advocate For Respondent(s) : Dr. Sourabh Kumar Pandey, Dy.A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.05.2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.39/2026 registered at Police Station – Birra, District: Janjgir- Champa (C.G.) for the offence punishable under Sections 318(4) of Bhartiya Nyay Sanhita, 2023. 2. The case of the prosecution, is that on 02.03.2026, Jila Panchayat Janjgir-Champa, Upadhyaksha given a complaint letter to the collector that Late Smt. Suman Bai w/o Ashok Patel resident of VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.07 17:25:17 +0530 2 village Birra district Janjgir-Champa in the Mitanin register AND showk patra the date of death is 27.11.2024 was registered and the application of the death was mentioned as 04.12.2024 and registration date is mentioned as 09.12.2024 and the fake death 36209452933 on that certificate, in which the date of death is mentioned as 02-06-2025, which was prepared for taking a benefit of Mukhya Mantri Nirman shramik Mrityu avam Divwang sahayata yojna filed a wrong documents and labour inspector accept the application and given a Rs. 1 lakh on dated 17.09.2025 UTR process deposited in the account of Ashok Patel State bank branch Janjgir A/c no. application the Tehsildar Bamhandih was investigate. That, in the direction of the Collector Janjgir-Champa the complainant Sameer Mirshra labour officer Janjgir-Champa on dated 15.03.2025 lodged a report in police station Birra against the co-accused persons and further the police registered the FIR on 16-03- 2026. Thereafter during the investigation in the memorandum of main accused Ashok Patel, the present applicant has been implicated in this case as accused. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that co-accused has already been granted anticipatory bail by this Court in MCRCA No.457 of 2026 vide order dated 02.04.2026, therefore, he prays for grant of anticipatory bail on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is one Istagasa registered against the applicant. He could not dispute the face that co-accused has 3 already been granted anticipatory bail by this Court in MCRCA No.457 of 2026 vide order dated 02.04.2026. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant and also considering the fact that co-accused has already been granted anticipatory bail by this Court in MCRCA No.457 of 2026 vide order dated 02.04.2026, I am inclined to allow this bail application on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Khemlal, on executing a personal bond and one surety in the like sum to the satisfaction of 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 along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. 4 (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Vaishali