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2026 DAILYLAW 15906 (CHH)

ANIL DEWANGAN v. STATE OF CHHATTISGARH

MCRC/991/2026 · 2026-01-28

body2026

Judgment text

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1 2026:CGHC:4939 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 991 of 2026 Anil Dewangan S/o Narayan Dewangan Aged About 48 Years R/o Sector-10 Kamal Vihar Near Krishna Public School Raipur Chhattisgarh At Present Address Ward No. 26, Jalgrih Marg Bhagat Singh Chowk, Adarsh Nagar Mathpara, P.S. Tikrapara, District Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Tikrapara Raipur, District Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Jai Kumar Dewang and Ms. Dimple Dewangan, Advocates. For Non-Applicant/State : Mr. Priyank Rathi, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.01.2026 1. This is the Second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 229/2025 registered at Police Station – Tikarapara, District – Raipur (C.G.), for the offence punishable under Sections 317(2), 317(4), 317(5), 111 of the Bhartiya Nyaya Sanhita, 2023. 2. The earlier bail application of the applicant being MCRC No. 9218 of 2025 was rejected on merits by this Court vide order dated 10.12.2025. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.01.30 12:25:27 +0530 2 3. The case of the prosecution, in brief, is that the complainant lodged a report before the concerned Police Station alleging that, on the date of the incident, the accused persons had opened 54 bank accounts in the name of finance loans. As per the allegations made against the present applicant, a bank account was issued for receiving amounts through cyber fraud, and a sum of Rs. 1,49,001/- was transferred into the bank account of the present applicant maintained with Ratnakar Bank Ltd. Based upon the said complaint, the police registered a case under Sections 317(2), 317(4), 317(5), and 111 of the Bharatiya Nyaya Sanhita, 2023 against unknown persons, and after investigation, the police arrested the present applicant on the basis of his memorandum statement. 4. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He submits that the present applicant has no criminal antecedents. He further submits that the second bail application of the other co-accused persons, namely, Akhil Kumar Singh and Arjun Soni have already been granted by this Court vide order dated 12.01.2026 and 09.01.2026 in MCRC No. 298 of 2026 and MCRC No. 203 of 2026. Therefore, the applicant is also entitled to be released on regular bail on the ground of parity. 5. On the other hand learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has been filed in the present case. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case that the applicant has no criminal antecedents and the second bail 3 application of the other co-accused persons, namely, Akhil Kumar Singh and Arjun Soni have already been granted by this Court vide order dated 12.01.2026 and 09.01.2026 in MCRC No. 298 of 2026 and MCRC No. 203 of 2026. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and the applicant has been in jail since 22.08.2025 and conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 8. Let the Second Bail of the Applicant – Anil Dewangan, involved in Crime No. 229/2025 registered at Police Station – Tikarapara, District – Raipur (C.G.), for the offence punishable under Sections 317(2), 317(4), 317(5), 111 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation 4 under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek