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2026 DAILYLAW 36832 (CHH)

AMIT KUMAR NISHAD v. STATE OF CHHATTISGARH

MCRC/8565/2026 · 2026-09-23

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010335422026 2026:CGHC:41596 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8565 of 2026 Amit Kumar Nishad S/o Naresh Nishad, Aged About 30 Years R/o Village Sambalpur P. S. Doundilohara Distt. Balod (C.G.). ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Doundilohara, Distt. Balod (C.G.). ... Non-Applicant For Applicant : Mr. Vipin Tiwari, Advocate For Non- Applicant/State : Mr. Kawaljeet Singh Saini, Deputy Government Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 24/09/2026 1. The applicant has preferred this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 64/2026 registered for the offences punishable under Sections 316(5), 318(4), and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that the complainant, Surendra Kumar Sahu, lodged a report at Police Station Doondilohara alleging that the present applicant and co-accused Virendra Giri Goswami collected approximately 9,01,000/- from several villagers on the pretext of ₹ Digitally signed by NADIM MOHLE 2 opening fixed deposit accounts, but failed to do so and dishonestly misappropriated the amount. 3. Learned counsel appearing for the applicant would submit that the applicant is innocent and has falsely been implicated in the present case. He would further submit that the investigation has been completed and the charge-sheet has already been filed before the competent Court. He would contend that a similarly situated co- accused person, namely Virendra Giri Goswami, has already been enlarged on regular bail by the Coordinate Bench vide order dated 10.07.2026 passed in M.Cr.C. No. 5137/2026. The applicant is in judicial custody since 16.04.2026 and has no criminal antecedents. He would further contend that as the conclusion of the trial is likely to take considerable time, the applicant may be enlarged on regular bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that having regard to the serious allegations of cheating innocent villagers levelled against the applicant, no case is made out for grant of bail. However, he fairly submits that the charge-sheet has already been filed, the applicant has no criminal antecedents, and the allegations against the present applicant are almost similar to those levelled against co- accused Virendra Giri Goswami, who has already been granted bail. 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, the nature of the allegations, and the fact that the investigation is complete and the charge-sheet has already been filed; further considering that applicant is in judicial custody since 16.04.2026, has no criminal antecedents, and particularly considering that a similarly situated co- accused person has already been enlarged on regular bail by the Coordinate Bench, a case for grant of regular bail is made out. Accordingly, the bail application is allowed. 3 7. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail, on following conditions :- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. 8. The observation made hereinabove is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits. Sd/- Rakesh Mohan Pandey JUDGE Nadim