1 2026:CGHC:15847 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3092 of 2026 Ishwar Lal Gajendra S/o Gend Lal Gajendra Aged About 26 Years R/o Nipani, Police Station - Balod, District Balod Chhattisgarh (Police Station Wrongly Mentioned As Tana In Covering Memo Of Order Impugned) ... Applicant versus State of Chhattisgarh Through Station House O7cer, Police Station Balod, District Balod Chhattisgarh ... Non-applicant For Applicant : Ms. Aditi Singhvi, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.04.2026 1. This is the First bail application ;led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 531/2025 registered at Police Station – Balod, District – Balod (C.G.), for the o?ence punishable under Sections 318(4) of the Bhartiya Nyaya Sanhita, 2023 and Section 42(3)(e) of Telecommunications Act, 2023. 2. As per the case of the prosecution, a report was lodged that the present applicant worked as Sim Seller who in order to complete his target of selling SIM card, misused the Biometric details of customers and issued ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.08 11:18:14 +0530 2 142 SIM cards. The aforesaid SIM Cards were issued on without the knowledge of the customers. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the aforesaid case. She further submits that the applicant has one criminal antecedent of a similar nature, in which the applicant is already on bail in light of the judgment passed in Arnesh Kumar. She also submits that the other co- accused person, namely, Goukaran Sinha, has already been granted regular bail by this Court vide order dated 18.03.2026 in MCRC No. 1682 of 2026. Therefore, the applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has already been ;led in the present case. However, he could not dispute the fact that an identically situated co-accused has already been granted regular bail by this Court. 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, that the applicant has one criminal antecedent of a similar nature in which he is already on bail in light of the judgment passed in Arnesh Kumar, and that the other co-accused person, namely, Goukaran Sinha, has already been granted regular bail by this Court vide order dated 18.03.2026 in MCRC No. 1682 of 2026, further considering the fact that the charge- sheet has already been ;led before the competent Court and that the applicant has been in custody since 09.12.2025, and that the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of 3 parity. 7. Let the Bail of the Applicant – Ishwar Lal Gajendra, involved in Crime No. 531/2025 registered at Police Station – Balod, District – Balod (C.G.), for the o?ence punishable under Sections 318(4) of the Bhartiya Nyaya Sanhita, 2023 and Section 42(3)(e) of Telecommunications Act, 2023, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall ;le an undertaking to the e?ect that he shall not seek any adjournment on the dates ;xed 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 ;xed, either personally or through his counsel. In case of his absence, without su7cient cause, the trial court may proceed against him under Section 269 of 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 ;xed 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 ;xed for (i) opening of the case, 4 (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 su7cient 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. O7ce is directed to send a certi;ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek