1 2026:CGHC:27246 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5859 of 2026 Ashok Kumar Patel S/o Dhaniram Patel Aged About 38 Years R/o Village Birra, Diwan Colony, P.S. Birra, Distt. Janjgir-Champa, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S. Birra, Distt. Janjgir Champa, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Vivekanand Samaddar, Advocate. For Non-Applicant/State : Mr. Sumit Singh, Deputy Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.07.2026 1. This is the first 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.39/2026 registered at Police Station – Birra, District – Janjgir-Champa (C.G.) for the offences punishable under Sections 318(4), 338, 336(3), 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that, on 02.03.2026, the Upadhyaksha of the Zila Panchayat, Janjgir-Champa, submitted a complaint to the Collector alleging that the death of Late Smt. Suman Bai, wife of Ashok Patel, resident of Village Birra, District Janjgir-Champa, had already been PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.03 16:16:22 +0530 2 recorded in the Mitanin Register and the show-cause notice, wherein the date of death was mentioned as 27.11.2024. It was further alleged that the application for registration of death was submitted on 04.12.2024 and the death was registered on 09.12.2024. However, a fake death certificate bearing No. 36209452933 was allegedly prepared, showing the date of death as 02.06.2025, for the purpose of obtaining benefits under the Mukhya Mantri Nirman Shramik Mrityu Evam Divyang Sahayata Yojana. It was alleged that false documents were submitted, the Labour Inspector accepted the application, and an amount of Rs.1,00,000/- was released on 17.09.2025 through UTR and credited to the account of Ashok Patel maintained with the State Bank of India, Janjgir Branch. Thereafter, the Tehsildar, Bamhandih, conducted an inquiry into the matter. Pursuant to the directions of the Collector, Janjgir-Champa, the complainant, Sameer Mishra, Labour Officer, Janjgir-Champa, lodged a report at Police Station Birra on 15.03.2026 against the co-accused persons, on the basis of which an FIR was registered on 16.03.2026. Thereafter, during the course of investigation, the present applicant was implicated in the case solely on the basis of the memorandum statement of the main accused, Ashok Patel. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the co-accused persons have been granted anticipatory bail by this Court vide orders dated 02.04.2026 and 06.05.2026 passed in MCRCA Nos. 457/2026 and 682/2026, respectively. It is further submitted that one of the co-accused has also been granted regular bail by the learned trial Court. Learned counsel further submits that the charge-sheet has already been filed in the present case. It is also submitted that the applicant has no criminal antecedents and has been in judicial custody since 3 18.03.2026. Therefore, the applicant is also entitled to the benefit of parity and prays that he be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court but could not dispute the fact that the co-accused persons have already been granted anticipatory bail by this Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, and the fact that the co-accused persons have been granted anticipatory bail by this Court vide orders dated 02.04.2026 and 06.05.2026 passed in MCRCA Nos. 457/2026 and 682/2026, respectively, further one of the co-accused has also been granted regular bail by the learned trial Court, also considering the fact that the charge-sheet has already been filed in the present case, the applicant has no criminal antecedents and has been in judicial custody since 18.03.2026, and also considering that the conclusion of the trial is likely to take considerable time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let applicant - Ashok Kumar Patel, involved in Crime No.39/2026 registered at Police Station – Birra, District – Janjgir-Champa (C.G.) for the offences punishable under Sections 318(4), 338, 336(3), 340(2) and 3(5) of the Bharatiya 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:- 4 (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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti