Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 19056 (CHH)

BUNTY KUMAR v. STATE OF CHHATTISGARH

MCRC/4338/2026 · 2026-05-07

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:21686 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4338 of 2026 1 - Bunty Kumar S/o Shanker Lal Aged About 38 Years R/o House No. 280, Model Town, Ward No. 04, Bhuna, District- Fatehabad, Haryana 2 - Laxminarayan S/o Om Prakash Aged About 40 Years R/o 3966, Near Purana Shiv Mandir, Ward No. 19, Bhuna- 63, District- Fatehabad, Haryana ... Applicants versus State Of Chhattisgarh Through Police Station- Deen Dayal Nagar, District – Raipur (C.G.) ... Non-applicant For Applicants : Mr. Anmol Gupta, Advocate. For Non-applicant/State : Dr. Sourabh K. Pande, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.05.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 112/2026, registered at Police Station – D.D. Nagar, District – Raipur (C.G.) for the offence punishable under Sections 318(2), 61(2) of the BNS, and Section 66 of Information Technology Act and Section 10(1) of Public Examination (Prevention of Unfair Means) Act, 2008. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The case of the prosecution, is that on 14.02.2026 the Police got secret information, that he applicant along with the other co- accused persons are using transmission devices an other technical instruments to facilitate cheating in the GATE examined which was conducted at ION Digital Zone, Parthivi Province Commercial Complex, Sarona, Raipur through fraudulent means, and in violation of the anti-cheating laws, constituting an act of criminal conspiracy, hence, lodged this FIR. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there is no criminal antecedents registered against the present applicants. It is further submitted that the charge-sheet has been filed in this case. The applicants are in jail since 14.02.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that seizure of a Mobile Phone has also been made from the possession of the applicant No.1, therefore, they are not entitled for grant of bail. 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, nature and gravity of allegation levelled against the applicants and the fact that there is no criminal antecedents registered against the 3 present applicants, charge-sheet has been filed against the applicants, the applicants are in jail since 14.02.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Bunty Kumar and Laxminarayan, involved in Crime No. 112/2026, registered at Police Station – D.D. Nagar, District – Raipur (C.G.) for the offence punishable under Sections 318(2), 61(2) of the BNS, and Section 66 of Information Technology Act and Section 10(1) of Public Examination (Unfair Means Prevention) Act, 2008, be released on bail on their furnishing a personal bond with two local sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan