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2026 DAILYLAW 15524 (CHH)

VISHVAJEET KHANDEKAR v. STATE OF CHHATTISGARH

MCRCA/102/2026 · 2026-01-18

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Judgment text

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1 2026:CGHC:3065 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 102 of 2026 1 - Vishvajeet Khandekar S/o Kailash Khandekar Aged About 27 Years Caste Satnami, R/o Jaijaipur, P.S. And Tahsil Jaijaipur District Sakti Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through P.S. Balco, Chowki Rajgamar District - Korba Chhattisgarh ... Non-applicant For Applicant : Mr. Amitabh Verma, Advocate. For Non-applicant/State : Mr. S. S. Baghel, Govt Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 19/01/2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.511/2025 registered at Police Station – Balco, Chowki Rajgamar, District – Korba (C.G.) for the offence punishable under Sections 318(4), 3(5) of BNS, 2023. NIKITA JAIN Digitally signed by NIKITA JAIN Date: 2026.01.20 17:27:50 +0530 2 2. Case of prosecution in brief is that the complainant has lodged a written complaint before the Superintendent of Police, Korba on 11.08.2025 about being cheated of Rs. 7,28,000 by individuals using mobile numbers 9243798108 and 7684083178, promising a 50% tractor subsidy on the purchase of a tractor vehicle. Based upon the above complaint, the FIR was registered against the applicant and other co-accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the entire amount of Rs.7,28,000/- in question has been transferred exclusively to the bank account of the main accused -Monu Chandra and no amount whatsoever has ever been transferred to or received by the present applicant. However, solely on the basis of memorandum statement of the main accused, the present applicant has been implicated. The applicant has neither committed any act of cheating or fraud nor has he played any role in the alleged transaction. The applicant has neither committed any act of cheating or fraud nor has he played any role in the alleged transaction. There is no evidence supporting the allegations against him, and he has been wrongly arrested on the basis of unfounded and fabricated accusations. It is submitted further that this Court has granted regular bail to the co-accused namely, Sagar Yadav in MCRC No. 8807/2025 vide its order dated 10.12.2025 and the said order is filed by the counsel for the applicant through covering memo dated 3 19.01.2026, which is taken on record, thus, 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. 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, particularly, the entire alleged amount, which was received only by the main accused- Monu Chandra and no amount has been transferred to or recovered from the present applicant, and further taking into consideration that his implication is solely on the basis of the memorandum statement of the co-accused, coupled with the fact that the applicant has no criminal antecedents and further the fact that this Court has granted regular bail to the co-accused namely, Sagar Yadav in MCRC No. 8807/2025 vide its order dated 10.12.2025, 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 – Vishvajeet Khandekar, 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 4 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 Nikita