Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 25983 (CHH)

SUNEEL KUMAR KUSHWAHA v. STATE OF CHHATTISGARH

MCRC/4726/2026 · 2026-07-08

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010199372026 2026:CGHC:28715 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4726 of 2026 • Suneel Kumar Kushwaha S/o Ramdheen Kushwaha Aged About 46 Years (Wrongly Mentioned 36 Years Of Page 7 And 15 In Order), R/o Ratan Bigaha, Post Nanan, P.S. Silav, District Nalanda (Bihar), Presently R/o Behind Sidhhi Vinayak Hospital, New Area Rana Bigaha, P.S. Deepnagar District Nalanda (Bihar) ... Applicant versus • State Of Chhattisgarh Through Thana In-Charge, P.S. Jutmil, District Raigarh (C.G.) ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Rajendra Tripathi, Advocate. For State/Non-applicant : Mr. Vinod Tekam, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.07.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.15/2026 registered at Police Station Jutmil, District Raigarh (C.G.) for the offence punishable under Sections318(2), 318(3), 318(4), 336(3), 338(2), 340(2), 3(5) of BNS, 2023 and Sections 66, 66(D) of the IT, Act. 2. Case of the prosecution, in brief, is that complainant trying to apply for dealership, on Google Page, where he found MG Motor dealership, where he submitted the form on 03.09.2025 and deposited a sum of Rs.5,65,500/- and asked him to give the Bank detail and has taken total amount of Rs.21,40,500/-, when he enquired about the same, he DEEPTI JHA Digitally signed by DEEPTI JHA 2 found that for dealership, no such amount has been taken by the company. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent has been falsely implicated in crime in question. It is further submitted that there is no specific allegation mad against the present applicant. He further submits that applicant is a resident of Bihar and there is no criminal antecedent registered against the present applicant, charge sheet has already been filed in the instant case and the applicant is in jail since 25.01.2026, the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge sheet has been filed in the present case before the competent Court, therefore, the present applicant is not entitled for grant of bail. 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 and the fact that the applicant is a resident of Bihar and there is no criminal antecedent registered against the present applicant and further considering the fact that the charge sheet has been filed in the present case and the applicant is in jail since 25.01.2026, this Court is of the view that the applicant is entitled to be released on bail in this case 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Suneel Kumar Kushwaha, involved in Crime No.15/2026 registered at Police Station Jutmil, District Raigarh (C.G.) for the offence punishable under Sections318(2), 318(3), 318(4), 3 336(3), 338(2), 340(2), 3(5) of BNS, 2023 and Sections 66, 66(D) of the IT, Act, 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/she 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him/her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her, 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/her 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 Deepti Jha