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2026 DAILYLAW 24367 (CHH)

RAJESH SONWANI v. STATE OF CHHATTISGARH

MCRC/5892/2026 · 2026-07-02

Transfer Petitionbody2026

Judgment text

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1 2026:CGHC:27404 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5892 of 2026 Rajesh Sonwani S/o Khamhan Sonwani Aged About 36 Years R/o Village Bandha Chauki, Junapara P.S. Takhatpur, Tahsil And District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Takhatpur, District- Bilaspur (C.G.) ... Respondent For Applicant : Shri Niraj Baghel, Advocate. For Respondent/State : Shri Soumya Rai, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.334/2025 registered at Police Station Takhatpur, District- Bilaspur (C.G.) for the offence punishable under Sections 420, 34, 465, 467, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.03 16:49:16 +0530 2 468, 471, 120B of the IPC. 2. Case of the prosecution, in brief, is that the complainant lodged a written report alleging that the applicant and co-accused, in conspiracy with each other, committed fraud in the implementation of the Pradhan Mantri Awas Yojana in Gram Panchayat Bandha by using the Aadhaar numbers and bank accounts of ineligible persons in place of eligible beneficiaries and by approving their proposals. During investigation, it was found that government funds amounting to Rs.6,70,000/- were fraudulently withdrawn through the accounts of different persons. Accordingly, Crime No. 334/2025 was registered at Police Station Takhatpur, District Bilaspur, initially under Sections 420 and 34 IPC, and after investigation, Sections 465, 467, 468, 471 and 120B IPC were also added. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the applicant is a Awas Mitra. He would submit that one of the co- accused Dileep Kumar Patre whose anticipatory bail application has been rejected by this Court in MCRCA No.1122/2025 on 29/07/2025 has preferred SLP (Crl.) No.14210/2025 before the Apex Court and he has been granted anticipatory bail from the Apex Court on 27.11. 2025. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 09/09/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application but do not dispute the fact that co-accused has been granted bail by the Apex Court. 3 5. I have heard learned counsel appearing for the parties and perused the materials available on record. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, nature of allegation levelled against the applicant, further the fact that co-accused Dileep Kumar Patre whose anticipatory bail application has been rejected by this Court in MCRCA No.1122/2025 on 29/07/2025 has preferred SLP (Crl.) No.14210/2025 before the Apex Court and he has been granted anticipatory bail from the Apex Court on 27.11.2025, period of detention of the applicant since 09/09/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, without commenting anything on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Rajesh Sonwani, involved in Crime No.334/2025 registered at Police Station Takhatpur, District- Bilaspur (C.G.) for the offence punishable under Sections 420, 34, 465, 467, 468, 471, 120B of the 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. 4 (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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri