1 2026:CGHC:19359 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 622 of 2026 • Rajesh Sharma S/o Late Satyanarayan Sharma Aged About 61 Years R/o 192-B Samta Colony, Raipur, Chhattisgarh ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, Police Station Mahasamund, District Mahasamund (C.G.) ... 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.156/2011 registered at Police Station – Mahasamund, District - Mahasamund (C.G.) for the offence punishable under Section 420, 406 and 34 of Indian Penal Code,1860. 2. Prosecution case in brief is that the accused persons allegedly collected a lump sum amount ranging between ₹65,000/- to ₹70,000/- per student towards admission and educational expenses, and receipts were issued. It is further alleged that later on, the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.28 11:27:45 +0530 2 complainant and other parents came to know that the said institution was neither internationally recognized nor duly authorized by the competent authorities. It is the further case of the prosecution that despite repeated demands, the collected amount was not refunded, and thereby the accused persons allegedly cheated a large number of parents and misappropriated the money collected from them. On the basis of the aforesaid allegations, the present crime was registered against the applicant and other co-accused persons, and the matter is under investigation. 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 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. 3 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, and further the fact that the 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 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