1 CGHC010325222026 2026:CGHC:37592 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7817 of 2026 1 - Aakash Sharma S/o Ramanand Sharma, Aged About 22 Years R/o Gram - Chand Ka Pura, Police Station - Ambah, District - Muraina (M. P.) ...Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer (S H O), Police Station Balrampur, District Balrampur - Ramanujganj (C.G.) ... Respondent(s) For Applicant(s) : Mr. Shikhar Agnihotri, Advocate For Respondent(s)/State : Mr. S.S. Baghel, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/08/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking grant of regular bail to the applicant, who has been arrested in connection with Crime No. 78/2026 registered at Police Station Balrampur, District Balrampur-Ramanujganj (Chhattisgarh), for the offences punishable under Sections 318(2), 319(2), 336(3), 338, 340(2) RUCHI YADAV Digitally signed by RUCHI YADAV 2 and 61(2)(a) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”), and Sections 66(c) and 66(d) of the Information Technology Act, 2000. 2. The brief facts of the prosecution case are that an investigation was conducted by Constable Balchur pursuant to a written complaint submitted by Satyajivan Ravi, Patwari, Halka Nos. 24 and 30, Tehsil Office, Balrampur. During investigation, it was found that accused Sumit, knowing that the cut-off marks for recruitment in the C.R.P.F. for native residents of Chhattisgarh are lower than those applicable to candidates from other States, allegedly paid money for obtaining a forged domicile certificate showing him to be a native of District Balrampur, Chhattisgarh. During verification of the said certificate, it was revealed that the domicile certificates of the accused persons, including the present applicant, had allegedly been prepared by co- accused Omprakash Chandravanshi using the documents of one Deepak Chaurasia. It is further alleged that the present applicant, with the intention of securing employment, approached his acquaintance Vivek Tomar, who, with the assistance of Omprakash Chandravanshi, allegedly prepared a domicile certificate in the name of Tukeshwar using the documents of Deepak Chaurasia and handed it over to the applicant. It was also subsequently found that a forged domicile certificate had been prepared in the name of Vivek Tomar. On the basis of the aforesaid allegations and the documents and call detail records collected during investigation, the accused persons have been implicated in the present case and the charge-sheet has been filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that 3 the alleged forged domicile certificate was prepared in the name of Tukeshwar by co-accused Omprakash Chandravanshi and was neither prepared in the name of the present applicant nor used by him for securing employment. It is, therefore, submitted that no prima facie offence is made out against the applicant. Learned counsel further submits that co-accused Sumit Singh has already been granted bail by this Court vide order dated 19.08.2026 passed in M.Cr.C. No. 7686/2026 and, therefore, the applicant is also entitled to the benefit of parity. It is further submitted that the charge-sheet has been filed, no direct or legally admissible material has been collected against the applicant, and no further custodial interrogation is required. The applicant is in custody since 23.05.2026, has no criminal antecedents, and the alleged offences are bailable and triable by the Judicial Magistrate First Class. The trial is likely to take considerable time. On these grounds, learned counsel prays that the applicant be enlarged on bail. 4. Per contra, learned State counsel opposes the bail application and submits that the allegations against the applicant are serious in nature. However, it is fairly submitted that the co-accused has already been granted bail by this Court and the charge-sheet has also been filed. Considering the nature and gravity of the allegations against the applicant, learned State counsel prays for rejection of the bail application. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 6. Taking into consideration the nature of the allegations, the fact that the charge-sheet has already been filed and the applicant is in custody 4 since 23.05.2026, this Court is of the considered view that no further custodial interrogation of the applicant is required. More particularly, co- accused Sumit Singh has already been granted bail by this Court vide order dated 19.08.2026 passed in M.Cr.C. No. 7686/2026. Therefore, considering the principle of parity and without commenting upon the merits of the case, the applicant is also entitled to be enlarged on bail. 7. Accordingly, the bail application is allowed. Let the Applicant – Aakash Sharma involved in Crime No. 78/2026 registered at Police Station Balrampur, District Balrampur-Ramanujganj (Chhattisgarh), for the offences punishable under Sections 318(2), 319(2), 336(3), 338, 340(2) and 61(2)(a) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(c) and 66(d) of the Information Technology Act, 2000, 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 5 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 9. 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 Ruchi