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2026 DAILYLAW 18296 (CHH)

SOMENDRA PATIL v. STATE OF CHHATTISGARH

MCRC/2684/2026 · 2026-03-22

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Judgment text

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1 2026:CGHC:13809 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2684 of 2026 Somendra Patil S/o Purushottam Patil Aged About 28 Years R/o Quarter No. 01/c, Road-11, Sector-06, Ward No. 46, Bhilai, P.S.- Bhilai Nagar, District Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Chowki – Smriti Nagar, Police Station – Supela, District – Durg (C.G.) ---- Non-applicant For Applicant : Ms. Aditi Singhvi, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.03.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 1123/2025, registered at Police Chowki – Smriti Nagar, Police Station – Supela, District – Durg (C.G.) for the offence punishable under Sections 318(4), 338, 336(2), 340(2), 61(2) of the BNS and Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005. 2. The case of the prosecution, is that the complainant Karan Sharma filed a written complaint in Police Chowki Smriti Nagar, Police Station Supela, District Durg(C.G.) that he is working as teacher at Trade with Aveth in Smriti Nagar. He got informed by his friend that in Surya Mall Bhilai, a company named as Nisha Business Consultancy and Unique RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Investment Solution is functioning, which gives a return of 20% interest per month in respect of investment in share market. He got influenced by such interest return and invested Rs. 23,30,000/- between 27.09.2024 and 08.02.2025 and after some days he came to know that the above company flee away and had shut down its doors, thereby causing financial loss and cheat. A total allegation of Rs. 66,47,000/- has been made in the FIR. 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 one criminal antecedent registered against the applicant. It is further submitted that the co-accused person namely, Shubham Kumar Gupta has already been granted bail by this Court vide order dated 28.02.2026 passed in MCRC No.1112/2026. The applicant is in jail since 19.09.2025 and trial is likely to take quite long time for its conclusion, therefore, on the ground of parity he may be granted bail. 4. On the other hand, learned counsel for the State opposes the bail application of the applicant, but could not dispute the fact that co- accused person has already been granted bail by this Court and the case of the present applicant is identical to that of the co-accused. 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, and the fact that the co-accused person namely, Shubham Kumar Gupta has already been granted bail by this Court vide order dated 28.02.2026 passed in MCRC No.1112/2026, and the applicant is in jail 3 since 19.09.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application, on the ground of parity. 7. Let applicant, Somendra Patil, involved in Crime No. 1123/2025, registered at Police Chowki – Smriti Nagar, Police Station – Supela, District – Durg (C.G.) for the offence punishable under Sections 318(4), 338, 336(2), 340(2), 61(2) of the BNS and Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005, be released on bail on his furnishing a 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 sufficient 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 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 4 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 sufficient 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. 8. Office 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 Rajshekhar