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2026 DAILYLAW 14354 (CHH)

ASHISH KUMAR v. STATE OF CHHATTISGARH

MCRCA/302/2026 · 2026-02-23

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Judgment text

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1 2026:CGHC:9553 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 302 of 2026 Ashish Kumar S/o Shiv Prasad Sidar Aged About 31 Years R/o Lailunga, P.S. And Tahsil Lailunga District Raigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Sitapur, District Sarguja Chhattisgarh ... Respondent For Applicant : Ms. Sangeeta Soni, Advocate. For Non-applicant/State : Dr. Saurabh Pande, Dy. Advocate General Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.02.2026 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.21/2025 registered at Police Station – Sitapur, District Sarguja (C.G.) for the offences punishable under Sections 420, 467, 468 & 471 of the IPC. 2. The prosecution story, in brief, is that, the complainant lodged a report at the concerned police station alleging that the accused persons had VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.24 16:21:02 +0530 2 prepared and obtained certificates of Vivekanand University, Hope by using forged and fabricated documents. It is alleged that the accused persons dishonestly created false educational records and used such forged certificates as genuine for their benefit. On the basis of the said complaint, the police registered a case against the applicant and other co-accused persons under Sections 420, 467, 468 and 471 of the Indian Penal Code, 1860 and initiated investigation into the matter. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant has neither prepared any forged document nor issued any certificate, nor committed any offence as alleged by the prosecution. The allegations of fraud and cheating are entirely baseless and have been levelled merely on suspicion without any cogent evidence to substantiate the same. The FIR has been registered on the basis of false and fabricated allegations made by the complainant, and there is no material on record to establish the essential ingredients of the offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code, 1860 against the present applicant. The applicant was not aware of any alleged forged documents and has not acted in the manner as alleged by the prosecution; thus, prima facie no case is made out against her. It is further submitted that the case is triable by the Judicial Magistrate First Class and the trial is likely to take considerable time to conclude; therefore, if the applicant is arrested in this false case, it would seriously prejudice her future and reputation. The applicant reserves her right to raise additional grounds at the time of hearing and undertakes to abide by all terms and conditions that may be imposed by this Hon’ble Court while granting anticipatory bail. 3 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the dispute, and the material available on record, and in view of the fact that the similarly situated co-accused, namely Parmeshwar Sarthi, has already been granted bail by this Hon’ble High Court in MCRCA No. 225 of 2025 vide order dated 13.02.2025, this Court finds that the present applicant is entitled to the benefit of parity. Therefore, without making any further comment on the merits of the case, this Court deems it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ashish Kumar, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to him by the said Court till 4 disposal of the trial. (d) the applicant and the surety shall submit a copy of his 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. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav