1 CGHC010229132026 2026:CGHC:30044 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5492 of 2026 Darshandeep Jain S/o Ashok Jain Aged About 30 Years R/o Village Abhana, Tahsil And Distt. Damoh, M.P. ...Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Gobra Navapara, Distt. Raipur, Chhattisgarh. ... Non-applicant For Applicant : Ms. Priyanka Rai, Advocate For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.07.2026 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. 448/2025, registered at Police Station – Gobra Navapara, District - Raipur (C.G.) for the offence punishable under Sections 318(4) of the BNS 2023. 2. The prosecution case, in brief, is that the Police of Police Station VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.16 11:11:28 +0530 2 Gobra Navapara, District Raipur, acting upon instructions received from the Police Headquarters to take action against Point of Sale (POS) operators involved in the issuance and sale of SIM cards on the basis of forged documents, conducted an investigation. During the course of investigation, it was allegedly found that the present applicant, by using his POS ID, had issued 25 SIM cards to different persons by utilizing the Aadhaar cards and photographs of other individuals without their knowledge or consent. On the basis of the material collected during the investigation, the police registered the present crime against the applicant for the alleged offences. 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 applicant neither committed nor participated in any act constituting the alleged offence. At the relevant point of time, the applicant was working as a Territory Sales Executive with Vodafone Idea Manpower Services Limited and had never issued any SIM card without due verification and authentication as per the prescribed procedure. It is further submitted that the applicant had resigned from the said employment in December, 2024, and is presently employed with Paytm and posted at Jabalpur. Learned counsel further submits that the material collected during the investigation is not sufficient to prima facie establish the involvement of the applicant in the alleged offence. It is also submitted that the applicant has been in judicial custody since 12.04.2026, the investigation has been completed, and the charge-sheet has already been filed; therefore, his further custodial detention is not required. Since the trial is likely to take 3 considerable time to conclude, continued incarceration would serve no useful purpose. The applicant is a 30-year-old man and the sole breadwinner of his family, and his prolonged detention has caused severe hardship to his dependents. The applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with the prosecution evidence, and he is ready and willing to furnish adequate surety and abide by all such terms and conditions as may be imposed by this Hon'ble Court while granting bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, the fact that the charge-sheet has already been filed before the competent Court, that the applicant has no criminal antecedents, and that the applicant has been in judicial custody since 12.04.2026, coupled with the fact that the conclusion of the trial is likely to take some time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Darshandeep Jain, involved in Crime No. 448/2025, registered at Police Station – Gobra Navapara, District - Raipur (C.G.) for the offence punishable under Sections 318(4) of the BNS 2023, be released on bail on furnishing personal bond with two local sureties 4 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 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 vaibhav