1 CGHC010237852026 2026:CGHC:27685 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5816 of 2026 Devanand Sonwani S/o Late Rishi Kumar Aged About 39 Years R/o Village Doma, Post Sejbahar, Police Station Mujgahan, Tehsil And District Dhamtari C.G. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Rudri, District Dhamtari C.G. ... Non-applicant For Applicant : Mr. Prabhat Kumar Saxena, Advocate For Non-applicant/State : Mr. Shalin Singh Baghel, Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.07.2026 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. 77/2024 registered at Police Station- Rudri, District - Dhamtari, (C.G.) for the offence punishable under Sections 318(4), 3(5), 61(2) of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that the complainant, Smt. Sarla Netam, lodged a report at Police Station Rudri, District Dhamtari, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 alleging that Sarita Kariyam and Chandrahas Kariyam (both residents of Village Naragaon, District Balod), along with Kholbahara Nishad, resident of Village Katnai, District Janjgir- Champa, induced the complainant and other rural women by promising attractive commissions and high returns on investment. It is alleged that the accused persons formed women’s self-help groups, persuaded the members to avail loans from various banks, collected the loan amounts on the pretext of investment, and initially assured the members that the loan installments would be repaid. However, after collecting the money, they allegedly failed to repay the installments and dishonestly misappropriated the loan amounts, thereby cheating the complainant and other members of the women’s groups to the tune of Rs. 26,59,000/-. On the basis of the said complaint, Crime No. 77/2024 was registered at Police Station Rudri, District Dhamtari, for the aforesaid offences, and the matter was taken up for investigation. During the course of investigation, the present applicant, Devanand Sonwani, came to be implicated on the allegation that he had assisted the principal accused in the commission of the alleged offence. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case without any credible material. It is contended that the applicant has neither committed any offence nor played any role in the alleged transaction, and has never received or handled any loan amount obtained by the members of the women’s self-help groups. It is further submitted that the applicant has been arrayed as an 3 accused solely on the basis of the memorandum statement of the co-accused, which has no substantive evidentiary value in law. The name of the applicant does not find place in the FIR, and during the course of investigation no independent witness has specifically attributed any overt act or active participation to the applicant in the alleged offence. It is also submitted that the principal allegations are against the main accused, Kholbahara Nishad, while the applicant has been implicated merely on the basis of suspicion and vague allegations, without any direct evidence establishing her involvement. He further submits that similarly situated one of the co- accused person, namely, Sarita Kariyam has already been granted bail by this Hon’ble Court vide order dated 04.05.2026 in MCRC No. 4105/2026 and another co-accused person, namely, Rakesh Kumar Jangde has also been granted second bail by this Hon’ble Court vide order dated 22.06.2026 in MCRC No. 5459/2026. He also submits that the applicant has four previous criminal antecedents in which he is on bail, and he is in jail since 04.06.2025, the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that the charge-sheet has been filed before the competent Court, but could not dispute the fact that co-accused persons have already been granted bail by this Court and the case of the present applicant is identical to that of the co-accused. He also submits that the applicant was actively 4 involved in inducing the members of the women’s self-help groups to obtain bank loans and, in connivance with the co-accused, facilitated the collection and misappropriation of the loan amounts. He further submits that the present applicant has four criminal antecedents. Therefore, it is prayed that the present bail application deserves to be rejected. 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, nature and gravity of offence, the fact that though the applicant was actively involved in inducing the members of the women’s self-help groups to obtain bank loans and, in connivance with the co- accused, facilitated the collection and misappropriation of the loan amounts and has four criminal antecedents, but other one of the co- accused person, namely, Sarita Kariyam has already been granted bail by this Court vide order dated 04.05.2026 in MCRC No. 4105/2026 and another co-accused person, namely, Rakesh Kumar Jangde has also been granted second bail by this Court vide order dated 22.06.2026 in MCRC No. 5459/2026, and the case of present applicant is identical to that of the co-accused persons, further so far as the criminal antecedents of the present applicant are concerned, he has four criminal antecedents, in which he is on bail, further the charge-sheet has been filed in the present case, and he is jail since 04.06.2025, the conclusion of the trial will take some more time, therefore, this Court is of the considered view that the applicant is entitled to be released on bail in this case on the 5 ground of parity. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Devanand Sonwani, involved in Crime No. 77/2024 registered at Police Station- Rudri, District - Dhamtari, (C.G.) for the offence punishable under Sections 318(4), 3(5), 61(2) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two local 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 6 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 Rahul Dewangan