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2026 DAILYLAW 3819 (CHH)

NIKHIL RAGHUWANSHI v. STATE OF C.G.

MCRCA/477/2026 · 2026-03-31

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Judgment text

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1 2026:CGHC:15152 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 477 of 2026 • Nikhil Raghuwanshi S/o Indralal Raghuwanshi Aged About 31 Years R/o House No. 45, Simran City Phase- 3 Raipur District- Raipur (C.G.) ... Applicant(s) versus • State Of C.G. Through Police Station Telibandha, District- Raipur (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. T.K. Jha, Advocate For Respondent(s) : Dr. Saurabh Kumar Pande, Dy.A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01/04/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.410/2024 registered at Police Station – Telibanda, District: Raipur, C.G. for the offence punishable under Sections 420, 120-B of Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that the case arises from Crime No. 410/2024 registered at Police Station Telibandha, Raipur, on the complaint of the Regional Manager of Chhattisgarh State Rural Bank, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.02 19:17:09 +0530 2 alleging that the accused-Nikhil Raghuvanshi, Madhav Jana, Swapan Gucchet, and Manoj Soni-acted in conspiracy to defraud the bank by creating forged land documents and executing sham sale deeds to obtain loans totaling 35 lakhs by mortgaging properties that were either fictitious, government land, or not owned by them. Investigation and legal search reports revealed multiple forged Khasra entries and fabricated 'B- 1' extracts, forming the basis of the fraudulent transactions. While Manoj Soni and Swapan Gucchet were arrested and admitted to the conspiracy, two accused remain absconding, and the investigation is ongoing due to pending verification of land ownership records. The applicant, however, claims false implication, asserting that no loan was ever taken by him, no notice was served, and that the alleged fraud was committed without his knowledge using forged documents, further pointing to discrepancies such as the absence of a PAN Card at the relevant time and delay in FIR registration. 3. Learned counsel for the applicant submitted applicant is innocent and has falsely been implicated in the present case. It is further contended that applicant has never taken any loan from the concerned bank and after registration of case it has forts time to his knowledge that somebody has committed fraud by taking loan in his name. He further contended that co-accused has preferred regular bail application bearing MCRC No.648/2026, which was allowed by this court on 23.02.2026, therefore, he submits that the present applicant is also entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail to the applicant and submits that applicant has one criminal 3 antecedent, which is still pending and same is mentioned in the bail application at paragraph No.4(a). 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the fact that applicant has only one criminal antecedent and co-accused has preferred regular bail application bearing MCRC No.648/2026, which was allowed by this court on 23.02.2026, therefore, I am inclined to grant anticipatory bail to the present applicant on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Nikhil Raghuwanshi, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The applicant 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. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of their adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. 4 (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Vaishali