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2026 DAILYLAW 36908 (CHH)

ASHOK KUMAR GUPTA (ASHOK KUMAR SONI) v. STATE OF CHHATTISGARH

MCRC/8448/2026 · 2026-09-22

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010349542026 2026:CGHC:41391 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8448 of 2026 1 - Ashok Kumar Gupta (Ashok Kumar Soni) S/o Shri Baidnath Prasad Aged About 58 Years Occupation - Registered A Class Civil Contractor, N.M.D.C. - B.N. Constructions, Kirandul, Bastar, Resident Of House No. 387 Kirandul P.S.H. - Kirandul, Dantewada, District South Bastar Dantewada (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Thana - Bhanpuri, Jagdalpur District - Bastar, Jagdalpur (C.G.) --- Non-applicant For Applicant : Mr. Ashok Kumar Verma, Sr. Advocate along with Mahesh Mishra, and Ms. Anmol Verma, Advocate For Non-applicant : Ms. Monika Thakur, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 23/09/2026 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.22/2026, registered at Police Station Bhanpuri, District Bastar Jagdalpur, Chhattisgarh for the offence punishable under Sections 318(4) Cheating (BNS) and 319(2) Cheating by personation (BNS). 2. The case of the prosecution, in brief, is that an FIR was lodged by the complainant, Ashok Kumar Gupta, on 01.03.2026, alleging that one Ashok Kumar Soni had fraudulently obtained a PAN card in his name and had also 2 created a GST number, and on the basis of the said PAN number, had undertaken construction work and obtained a vehicle loan. It is also stated that the complainant Ashok Kumar Gupta is head master in Government Secondary School, Bodipara, Sonarpal and he was issued pan card No. ADCPG9877E whereas he has been informed that his pan card was issued in the name M/s B.N. Constructions. On the basis of the said complaint, Crime No. 22/2026 was registered against the accused for commission of the offences, as stated above. 3. Learned Sr. counsel appearing for the applicant would submit that the applicant, Ashok Kumar Soni, had moved an application before the Income Tax Officials on 13.08.2018 for change of his name from Ashok Kumar Soni to Ashok Kumar Gupta. He would contend that in the Aadhaar Card and other documents, the name of the applicant is shown as Ashok Kumar Gupta. He would further submit that, due to a mistake, the same PAN Card was issued to the complainant, Ashok Kumar Gupta. He would also submit that the applicant never committed any fraud and had applied for the GST number, loan, etc. on the basis of genuine documents. Learned counsel would further submit that the applicant is in jail since 20.08.2026 and the trial is likely to take considerable time to conclude; thus, he would pray that the applicant may be enlarged on regular bail. 4. On the other hand, learned State counsel would oppose the bail application and submit that the applicant, whose real name is Ashok Kumar Soni, impersonated himself as Ashok Kumar Gupta and failed to refund GST deductions amounting to Rs. 14,69,480/-. He would further submit that the present applicant obtained a vehicle loan and thereafter defaulted in repayment thereof. It is further argued that, during enquiry, it was found that 3 the present applicant, on the basis of the PAN Card, got GST Number generated, obtained loans, and carried on his business. He would submit that, in view of the serious allegations of fraud against the applicant, the present application deserves to be dismissed. 5. I have heard the learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, particularly the fact that the present applicant, whose real name is Ashok Kumar Soni, impersonated himself as Ashok Kumar Gupta, obtained a PAN Card, got a GST number registered and continued his business, subsequently failed to make payment of the GST deduction and also obtained a vehicle loan from the bank, I am not inclined to grant bail. Accordingly, the bail application filed by the applicant is rejected at this stage. 7. It is made clear that the observations made hereinabove are solely for the purpose of deciding this bail application and shall not affect the merits of the trial. The learned Trial Court shall proceed with the trial expeditiously on its own merits in accordance with law. Sd/- Rakesh Mohan Pandey JUDGE Jyoti