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2026 DAILYLAW 26718 (CHH)

DEEPAK DIWAKAR v. STATE OF CHHATTISGARH

MCRC/6240/2026 · 2026-07-13

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1 CGHC010244062026 2026:CGHC:29642 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6240 of 2026 Deepak Diwakar S/o Shri Ramsingh Diwakar Aged About 50 Years R/o Village Khamariya, Police Station - Lawan, District Balodabazar-Bhatapara Chhattisgarh ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Akaltara, District Janjgir-Champa Chhattisgarh ... Non-applicant For Applicant : Mr. Ravindra Sharma, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 14.07.2026 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. 209/2023 registered at Police Station : Akaltara, District – Janjgir – Champa (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 201, 120B R/w Section 34 of the Indian Penal Code. 2. As per the prosecution story, the complainant, Yogendra Singh Chandel, lodged a written complaint on 08.04.2023 stating that the land belonging to him and his brother, Late Girdhar Singh, had been acquired for the KSK Wardha Power Plant. It was further stated that they had approached ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.15 11:20:00 +0530 2 the Hon’ble High Court seeking enhanced compensation on the ground that inadequate compensation had been awarded for the acquired land. The complainant alleged that he had come to know that certain unknown persons had impersonated him and Late Girdhar Singh and, by using forged Aadhaar Cards, opened a bank account in DCB Bank, Khoksa Branch, Janjgir, District Janjgir-Champa (C.G.), and obtained a cheque book. It was further alleged that the said unknown persons, by using the cheque book, had withdrawn a part of the compensation amount, and that a sum of Rs. 18,00,000/-, out of the total compensation amount of Rs. 24,00,000/-, was still lying in the said bank account. It was also alleged that the forged Aadhaar Card and the cheque book contained the mobile number of an unknown person. Accordingly, the complainant requested that necessary legal action be taken against the persons concerned. On the basis of the said complaint dated 08.04.2023, Police Station Akaltara, District Janjgir-Champa (C.G.), registered Crime No. 209/2023 for the offence punishable under Section 420 of the Indian Penal Code. During the course of investigation, the police arrested the main accused, namely, Vishram Bhardwaj and Parmeshwar Patle, as well as the present applicant. After completion of the investigation, the police filed the charge-sheet on 27.03.2026 and added Sections 467, 468, 471, 201 and 120-B read with Section 34 of the Indian Penal Code. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that there is no direct, cogent, or legally admissible evidence available to connect the present applicant with the alleged crime, and no recovery has been made from his possession. He submits that the applicant was arrested after nearly 2 years and 9 months from the date of registration of the FIR and approximately 4 years and 2 months after the alleged 3 incident. He submits that during the course of investigation, the police found that the co-accused, namely, Vishram Bhardwaj and Parmeshwar Patle, are the principal accused in the case. They have already been enlarged on bail by this Court in M.Cr.C. No. 3487/2026 and M.Cr.C. No. 3519/2026, respectively. The other co-accused, namely, Naresh Ratnakar, has also been enlarged on bail by this Court in M.Cr.C. No. 4300/2026. He submits that the present applicant has no criminal antecedents and he is in jail since 05.01.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case and also endorse the submission made by learned counsel, for the applicant that the present applicant has no criminal antecedent. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents. Also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 05.01.2026, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Deepak Diwakar, involved in Crime No. 209/2023 registered at Police Station : Akaltara, District – Janjgir – Champa (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 201, 120B R/w Section 34 of the Indian Penal Code, be released on bail on furnishing a personal bond with two sureties in the like amount to the 4 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 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 5 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek