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2026 DAILYLAW 27284 (CHH)

ANKIT TIWARI v. STATE OF CHHATTISGARH

MCRC/4642/2026 · 2026-07-14

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1 CGHC010190372026 2026:CGHC:30047 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4642 of 2026 Ankit Tiwari S/o Ganesh Prasad Tiwari Aged About 27 Years R/o Housing Board 32 Acre L.I.G. 2/380 Kailash Nagar Bhilai, P.S. Jamul, District Durg Chhattisgarh (Age Not Mentioned In Impugned Order) ...Applicant versus State Of Chhattisgarh Through Police Station Civil Lines, District Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Manoj Paranjpe Senior Advocate along with Mr. Kabeer Kalwani, Advocate For Non-applicant/State : Mr. Jitendra Shrivastava, 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. 96/2026, registered at Police Station – Civil Lines, District Raipur (C.G.) for the offence punishable under Sections 318(4), 335, 336(2), 336(3), 338(3), 340(1), 340(2), 111, & 3(5) of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.16 11:11:30 +0530 2 2. The prosecution case, in brief, is that the Complainant namely Sanjay Nirala has lodged the FIR alleging that he along with his Brother-in- Law (Bahnoi) meet one Bhuneshwar Banjare who introduced himself as employee of Indian Post Office. Bhuneshwar Banjare thereafter introduced Naresh Manhar (introduced as Praveen Singh) & Hira Diwakar (introduced as Kunal). Naresh Manher was introduced as Director of Delhi Head Post Office who has appointed many persons on the post of ABPM/Post Man etc. The Complainant has given total amount of Rs. 9,00,000/- for two persons, for his Brother namely Mahendra Nirala & for his nephew Akash Rajetri for appointment on the post of Post Master/ABPM. He also introduced many person who have given the amount at the rate of Rs. 4,50,000/-. Total 52 persons have given Rs. 2 Crore 34 Lakhs but till date no such joining letters have been received to them. The Accused persons have also informed that they provide the forge Degree of M.B.B.S. They also open Good Life Maika Bank in which they are taking the amount from common people with an understanding that the said amount will be doubled within 3 years of investment. Hence the FIR was lodged against Naresh Manhar, Bhuneshwar Banjare & Hira Diwakar & Others. During investigation, the Appellant received Call on 06.04.2026 from PS Civil Lines regarding FIR No. 96/2026 and subsequently he was also arrested. Copy of FIR No. 96/2026 registered at PS Civil Lines, District Raipur (C.G.). 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has not committed any offence as alleged. It is contended that there is neither any direct nor 3 indirect material connecting the applicant with the alleged offences and the essential ingredients of Sections 318(4), 338(3) and 336(3) of the Bharatiya Nyaya Sanhita are not made out against him, while the remaining offences are bailable in nature. It is further submitted that the applicant never impersonated himself as any official of the Post Office, never induced any person to pay money for securing a government job, never received any amount from the complainants, and had no connection with the principal accused persons. The applicant, aged about 27 years, has no criminal antecedents, is a permanent resident of District Durg, and there is no likelihood of his absconding or tampering with the prosecution evidence. It is submitted that the applicant himself became a victim of an online fraud perpetrated by "Chardham Education", through which he obtained the alleged BAMS degree after appearing in online examinations and believing the documents to be genuine. On the basis of those documents, he applied for registration before the Chhattisgarh Ayurvedic and Unani Medical System and Naturopathy Council, but subsequently learnt that the certificates were forged, whereafter he too realized that he had been cheated. It is argued that the applicant never performed any surgery, never treated any patient as a qualified BAMS doctor, and no patient has ever lodged any complaint against him. The prosecution has also failed to take action against the persons operating the alleged fraudulent educational portal, which continues to remain accessible online. It is further submitted that applicant is in jail since 06.04.2026, therefore he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application 4 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 06.04.2026, 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. Let applicant, Ankit Tiwari, involved in Crime No. 96/2026, registered at Police Station – Civil Lines, District Raipur (C.G.) for the offence punishable under Sections 318(4), 335, 336(2), 336(3), 338(3), 340(1), 340(2), 111, & 3(5) of the BNS 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 5 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