1 2026:CGHC:23043 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4586 of 2026 • Thawar Das Madhwani S/o Shri Mangatram Madhwani Aged About 75 Years R/o Durga Nagar Ward Near Kabir Ashram, Pandri, Raipur, District Raipur (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through State Economic Offences Bureau/ Anti-Corruption Bureau, Raipur, District- Raipur (C.G.) (Earlier State Economic Offences Bureau/ Anti-Corruption Bureau Bhopal) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Sunil Otwani, Senior Advocate with Mr. Hemant Tolani, Advocate For Respondent(s) : Dr. Sourabh Kumar Pande, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.05.2026 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.19/2000, registered at Police Station – State Economic Offenses Bureau/Anti-Corruption Bureau, Raipur, District- Raipur (C.G.) (earlier State economic Offences Bureau/Anti-Corruption) for the offence punishable under Sections 13(1)(c), 13(2) of PC Act and Section 120-B, 406, 409,420, 467, 468, 471 of India Penal Code, for VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.15 18:20:07 +0530 2 short (IPC). 2. The prosecution story in brief, is that, the F.I.R. of the incident was lodged on 23.10.2000 (before 8 days from the date of the formation of the State i.e. 01.11.2000) in respect of the incident alleged to have been occurred in between 1995 to 1998. It was registered at Bhopal, and subsequently after reorganization of the State the F.I.R. and the entire investigation has been transferred to the State of Chhattisgarh has the incident pertains to Madhya Pradesh State Cooperative Housing Federation, Regional Office Raipur, (C.G.). The F.I.R. was lodged Inter Alaia on the allegations that 186 members of the said Society obtained the loan to the tune of Rs. 1,86,00,000/- in installments. It has been alleged that after due verification it was revealed that no construction of the residential house has been carried out and the borrowers were not traceable, their addresses were wrongly shown. The monthly installments are being paid by Awas Sangh. It has been further alleged that the Regional Officer, A.E. Gaberial has issued the progress certificates of the construction and without holding or conducting any spot inspection the certificates were issued, Basant Sahu also issued the completion certificates. It has been further alleged that all the 3 accused persons namely A.E. Gaberial the regional officer Awas Sangh, Basant Sahu, Awas Supervisor and (present applicant) the Chairman of the Society got sanctioned the loan amount and the same is being used for personal gains. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case and there is no criminal antecedents registered against the applicant. He also contended that the applicant is old aged person aged about 75 3 years and is a senior citizen suffering from multiple age- related ailments, including hyper tension, diabetes, cardiac issues and have severe asthma condition. The continued incarceration of the applicant would seriously endanger his health and life. The applicant needs regular observation, healthy and preventive homely diet/food. He also submits that the co-accused person, namely, Basant Kumar Sahu has already been granted bail by this Court in MCRC No.4340 of 2026 vide order dated 08.05.2026. It is further submitted that the the applicant is in jail since 17.03.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail on the applicant on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application and submits that charge-sheet has not been filed in the present case and there is no criminal antecedents registered against the applicant and he could not dispute the fact that the co-accused, namely, Basant Kumar Sahu has already been granted bail by this Court in MCRC No.430 of 2026 vide order dated 08.05.2026. 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 applicant and the fact that the co-accused, namely, Basant Kumar Sahu has already been granted bail by this Court in MCRC No.4340 of 2026 vide order dated 08.05.2026, also considering the age of the applicant and he is in jail since 17.03.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this bail application on the ground of parity. 4 7. Let applicant - Thawar Das Madhwani, involved in Crime No.State Economic Offenses Bureau/Anti-Corruption Bureau, Raipur, District- Raipur (C.G.) (earlier State economic Offences Bureau/Anti- Corruption) for the offence punishable under Sections 13(1)(c), 13(2) of PC Act and Section 120-B, 406, 409,420, 467, 468, 471 of India Penal Code, for short (IPC), 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 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 5 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 Vaishali