Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 25934 (CHH)

MATHEW FERNANDEZ v. STATE OF CHHATTISGARH

MCRCA/1027/2026 · 2026-07-08

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010223822026 2026:CGHC:28459 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1027 of 2026 Mathew Fernandez S/o Alphonse Fernandez Aged About 24 Years R/o G-23, Gomati Vihar, Santoshi Bhavan, Amlidih, Raipur, Distt. Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through The Police Of Police Station Golbazar, Distt. Raipur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Rahul Mishra, Advocate For Respondent(s) : Ms. Vaishali Mahilong, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.07.2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 77/2026 registered at Police Station – Golbazar, District- Raipur (C.G.) for the offence punishable under Section MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2026.07.10 11:12:17 +0530 2 318(4) of the BNS. 2. The prosecution case, in brief, is that on the basis of an order dated 07.04.2026 issued by the Additional Secretary, Government of Chhattisgarh, Public Health and Family Welfare Department, the complainant, Dr. Nidhi Gwalre, Deputy Director (Nursing), Directorate of Health Services, Raipur, lodged a written complaint alleging large-scale irregularities in the functioning of the Chhattisgarh Nurses Registration Council. It is alleged that forged documents were used for registration, financial irregularities were committed causing loss to the Government, and official positions were misused for personal gain by the accused persons. During the course of inquiry, the present applicant, along with other co- accused, was also implicated. On the basis of the said complaint, the police registered Crime No. 77/2026 at Police Station Golbazar, Raipur, for the offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023, and commenced investigation. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the FIR has been registered pursuant to the order dated 07.04.2026 issued by the Additional Secretary, Government of Chhattisgarh, however, the said order does not contain any specific allegation or overt act attributable to the present applicant. It is further submitted that the applicant was merely 3 working on an honorarium basis as a casual employee in the Human Resources-II Grade at the Chhattisgarh Nurses Registration Council and was discharging his duties under the directions and supervision of the competent authorities. Learned counsel submits that the applicant had no independent decision- making authority in the alleged transactions, has been implicated only because of his official position, and is ready to cooperate with the investigation. Therefore, it is prayed that the applicant be granted the benefit of anticipatory bail. He lastly submits that co- accused namely Narendra Dewangan has already been granted anticipatory bail by this Court in MCRCA No. 774/2026 vide order dated 22.06.2026, copy of which is placed on record and the case of the present applicant is similar to that of the co-accused, hence he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel, opposes the prayer for grant of anticipatory bail to the applicants, but could not dispute the fact that co-accused has already been granted anticipatory bail by this Court and further, the present applicant has not previous criminal antecedent registered against him. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material 4 available in case diary, and further the fact that co-accused namely Narendra Dewangan has already been granted anticipatory bail by this Court in MCRCA No. 774/2026 vide order dated 22.06.2026, copy of which has been taken on record and the case of the present applicant stands on identical footing and further, the applicant has no previous criminal antecedent registered against him, as such, without further commenting anything on merits, this Court deems it fit to grant benefit of anticipatory bail to the applicant on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Mathew Fernandez, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) He should not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) He should not act in any manner which will be prejudicial to fair and expeditious trial. (c) They should appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. 5 (d) The Applicant and the sureties shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He should not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Manpreet