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2026 DAILYLAW 31159 (CHH)

VISHWAJEET BHOWMICK v. STATE OF CHHATTISGARH

MCRC/6641/2026 · 2026-08-20

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Judgment text

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1 CGHC010274162026 2026:CGHC:37629 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.6641 of 2026 1 - Vishwajeet Bhowmick S/o Shri Dilip Kumar Bhowmick, Aged About 56 Years R/o Street Number 06, In Front Of Bengali Durga Puja Pandal Mopka Vivekanand Nagar Bilaspur District Bilaspur C.G. Applicant (s) versus 1 - State Of Chhattisgarh Through Police Station In-Charge Police Station EOW/ACB, Raipur District Raipur C.G. Respondent(s) For Applicant (s) : Mr. Purnendra Khichariya, Advocate For Respondent(s) : Mr. Sourabh Sahu, PL 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.04/2020, registered at Police Station EOW/ACB, District Raipur (C.G.) for the offence punishable under Sections 420, Digitally signed by R NIRALA 2 467, 468, 471, 120-B of IPC and Sections 12 & 13 (2) of Prevention of Corruption Act, 1988 and Amended Act, 2018. 2. The case of the prosecution, in brief, is that a business credit facility was sanctioned by Bank of Baroda, Rajkishore Nagar, Bilaspur, in which applicant Vishwajeet Bhowmik and others availed overdraft, term loan and bank guarantee from Rajkishore Nagar branch during the period from 20.03.2018 to 31.05.2019. An investigation was conducted after receiving a complaint of fraudulent withdrawal of Rs. 504.15 lakh after getting a loan sanctioned. During the investigation, the statement of Regional Vigilance Officer Raipur Prakash Rao and Branch Manager Bank of Baroda, Rajkishore Nagar, Bilaspur Arvind Kumar Banjara was recorded in which the account holders Aadhar Infraventure Prof. Mrs. Parag Mishra loan amount 40 lakh, Abhilash Engineers Prof. Abhilash Banerjee loan amount 50 lakh, Aditya Aqua Culture Prof. Aditya Upadhyay loan amount 60 lakh, Aditya Global Prof. Sapna Sahu loan amount 37.50 lakh, Bilaspur Casting Industries Prof. Pavitra Sikka loan amount 50 lakh, Bilaspur Metallics Prof. Pappu Vijay Kumar loan amount 80 lakh, Raghav Madhav Associate Prof Rajneesh Seth loan amount 24 lakh, Royal Fabricate Prof. Arun Kumar Sahu with a loan amount of Rs 50 lakh, Startup Engineer Partner Fazle Rasool with a loan amount of Rs 50 lakh, Unique Creation Prof. Ramchandra Jaiswal with a loan amount of Rs 44 lakh, Udaan IT Prof. Roma Bhoumink with a loan amount of Rs 100 lakh and Abhilasha Light Infratech Prof. 3 Megha Palorkar with a loan amount of Rs 57 lakh have taken loans by mortgaging the properties of bank guarantors. According to the case diary, on the spot investigation On inspection, no unit was found to be installed and on discussion with the guarantors, they told that an agent named Vishwajeet Bhowmik had prepared fake documents and got a fake firm registered and had misled the people and got their property mortgaged in the name of getting loan. Loans were taken out in the names of firms without the Knowledge of the bank's loan documents. The applicant, Vishwajeet Bhowmik, had the black cheque book signed and kept in advance, and handled all transactions himself without the knowledge of the loan holders/guarantors, leaving a small amount in the account so that interest/installment amounts could accrue without the bank's knowledge. Thereafter a case was registered against the accused and he was arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime in question. He further submitted that out of 9 criminal antecedents against the applicant, he has already been acquitted in 2 criminal antecedents and other antecedents of similar nature are pending and would be decided in favour of the applicant. He further submitted that the applicant is in jail since 18.06.2026, charge sheet has not been filed and trial is likely to take quite long time for its conclusion, therefore, he prays that the applicant be released on regular bail. 4 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that there are 7 criminal antecedents against the applicant, as such he is a habitual offender and therefore he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused all the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature of allegation and further considering that out of 9 criminal antecedents, the applicant has already been acquitted in 2 criminal antecedents and other antecedents are of similar nature, the applicant is in jail since 18.06.2026, charge sheet is yet to be filed and conclusion of the trial is likely to take some time, therefore, without commenting anything on the merits of the case, I am inclined to allow this application. 7. Accordingly, the instant bail application of the applicant is allowed. 8. Let the Applicant – Vishwajeet Bhowmick, involved in Crime No.04/2020, registered at Police Station EOW/ACB, District Raipur (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 120-B of IPC and Sections 12 & 13 (2) of Prevention of Corruption Act, 1988 and Amended Act, 2018, be released on bail on furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 5 “(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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him/her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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.” 6 9. 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 Nirala