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1 MCRC No. 5606 of 2026
CGHC010224892026
2026:CGHC:30690
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5606 of 2026 1 - Gajendar Nath S/o Ramnath Aged About 28 Years R/o Raikona Thana And Tehsil Sarsiwan Distt. Sarangarh-Bilaigarh Chhattisgarh. --- Applicant versus 1 - State of Chhattisgarh Through Police Station Sarsiwan Distt. Sarangarh-Bilaigarh Chhattisgarh. --- Respondent For Applicant :- Mr. Pragalbha Sharma, Advocate. For State :- Mr. S.S. Baghel, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.07.2026
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. 390/2025 registered at Police Station – Sarsiwan, District – Sarangarh-Bilaigarh (C.G.), for the offence punishable under Sections 318(2), 336(3), 336(4), 338, 340(2), 341(1), 341(2), 3(5), 61 & 249(2) of the Bhartiya ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH
2 MCRC No. 5606 of 2026 Nyaya Sanhita. 2. That, the as per the prosecution's case, in brief, is that applicant Gajendar Nath had deposited around eight lakh rupees with Shiva Sahu in the name of investing in Shiva with Journey Raikona. It is alleged that Shiva Sahu had tempted him by promising to return two and a half times the deposited amount. Further alleges that after Shiva Sahu went to jail in connection with Crime No. 131/2024 of Police Station Sarsiwan, the applicant took care of his family. It is claimed that the applicant provided a mobile SIM (87319968564) in his name to Shiva Sahu after his release, which was used to operate a Jana Small Finance Bank account (4509010059941707) and PhonePe. It is also alleged that a Celerio car (CG 22 AF 7003) was purchased in the applicant's name by Shiva Sahu, who paid the installments and utilized the vehicle. Furthermore, the prosecution alleges a criminal conspiracy with HDFC Bank officials (Bilaigarh branch) and others to unhold an account belonging to Ritu Sahu containing Rs. 21,08,722/ using a forged letter and seal of the Sarsiwan Police Station, and subsequently withdrawing the amount. The applicant is accused of harboring the co-accused Shiva Sahu and Paras Sahu. In view of the above, the present applicant is implicated in crime in question. 3 MCRC No. 5606 of 2026
3.
Learned counsel for the applicant would submit that the present applicant is innocent person and has been falsely implicated in the aforesaid offence. He would also submit that other co-accused persons namely Chandrahas Sahu, Tikaram Sahu and Pramod Dewangan have already granted regular bail vide order dated 15.06.2026 in MCRC Nos.2415/2026, 3698/2026 & 4540/2026 and except them Shiv Sharma @ Janmitra Sharma has also been granted anticipatory bail by order of this Court’s dated 30.06.2026 in MCRCA No.813/2026. He would also submit that the applicant is in jail since 15.03.2026. Therefore, the applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand, learned State counsel would oppose the bail application of the applicant and submit that the charge- sheet has already been filed in the present case. However, he could not dispute the fact that identically situated co- accused persons have already been granted regular bail by this Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, further the fact that the other co-accused persons namely Chandrahas Sahu, Tikaram Sahu and Pramod
4 MCRC No. 5606 of 2026 Dewangan have already granted regular bail by this Court vide order dated 15.06.2026 in MCRC Nos.2415/2026, 3698/2026 & 4540/2026, also charge-sheet has already been filed, considering the detention period of the applicant who is in jail since 15.03.2026 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in these cases on the ground of parity. 7.
7. Let the Bail of Applicant – Gajendra Nath involved in Crime No. 390/2025 registered at Police Station – Sarsiwan, District – Sarangarh-Bilaigarh (C.G.), for the offence punishable under Sections 318(2), 336(3), 336(4), 338, 340(2), 341(1), 341(2), 3(5), 61 & 249(2) of the Bhartiya Nyaya Sanhita, 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(s) 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(s) shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence,
5 MCRC No. 5606 of 2026 without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant(s) 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(s) 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 concerned for necessary information and compliance forthwith. - Sd/-
(Ramesh Sinha)
Chief Justice Ankit