Citation : 2026 Latest Caselaw 1692 Chatt
Judgement Date : 15 April, 2026
1
2026:CGHC:17245
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1947 of 2026
Ishwar Chouhan S/o Late Indal Singh Aged About 37 Years R/o Aamapali, Post
Bhichia And Police Station Baradwar, District Sakti, Chhattisgarh.
--- Applicant
versus
State Of Chhattisgarh Through Station House Officer, Police Station Civil Line,
District Bilaspur, Chhattisgarh.
--- Non-applicant
MCRC No. 1976 of 2026
Ishwar Chouhan S/o Late Indal Singh Chouhan Aged About 37 Years Resident
Of Aamapali, Post Bichhiya And Police Station Baradwar, District- Sakti (C.G.)
Digitally
signed by
PREETI ---Applicant
PREETI KUMARI
KUMARI Date:
2026.04.16
11:38:51
Versus
+0530
State Of Chhattisgarh Through Station House Officer, Police Station Civil Line,
District Bilaspur (C.G.)
--- Non-applicant
MCRC No. 1979 of 2026
Ishwar Chouhan Son Of Late Indal Singh Aged About 37 Years Resident Of
Aamapali, Post - Bhichia And Police Station Baradwar, District - Sakti,
Chhattisgarh.
---Applicant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station Civil Line,
District - Bilaspur, Chhattisgarh.
--- Non-applicant
2
MCRC No. 1948 of 2026
Ishwar Chouhan S/o Late Indal Singh Chouhan Aged About 37 Years R/o
Aamapali, Post- Bichhiya And Police Station- Baradwar, District- Sakti (C.G.)
---Applicant
Versus
State Of Chhattisgarh Through - Station House Officer, Police Station Civil Line,
District- Bilaspur (C.G.)
--- Non-applicant
For Applicant : Mr. Rahul Goswami, Advocate.
For Non-applicant/State : Mr. Saumya Rai, Deputy Government Advocate.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
15.04.2026
1. Since the above-mentioned four bail applications arise out of same
applicant, they are clubbed and heard together and are being disposed
of by this common order.
2. These are the First bail applications filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), for grant
of regular bail to the applicant who has been arrested in connection with
Crime No. 1213/2024 (in MCRC No. 1947/2026), Crime No. 1210/2024
(in MCRC No. 1948/2026), Crime No. 1212/2024 (in MCRC
No.1976/2026) and Crime No. 1211/2024 (in MCRC No. 1979/2026)
registered at Police Station - Civil Line, District - Bilaspur (C.G.) for the
offence punishable under Sections 318(4), 338, 336(3), 340(2), 61(2)
and 111 of Bharatiya Nyaya Sanhita, 2023.
3. Case of the prosecution in brief, is that the allegation against the
applicant is that, along with co-accused persons, he cheated individuals
by falsely promising employment as clerks in the Public Works
Department and as G.D. Constables in the Police Department, as well as
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jobs in the Jail Department as jail guards. In this regard, he allegedly
collected several lakhs of rupees from various persons and issued fake
appointment letters in their names. It is further alleged that fake
appointment orders of the Public Works Department, Home Department,
and the Government of Chhattisgarh, educational documents of
unemployed youth, a fake daily attendance register related to the Labour
Department, uniforms of the Jail Department, seals and stamps of the
Forest Department, Women and Child Development Department, Labour
Department, Water Resources Department, Home Department, and
Health Department, as well as service books, along with cash amounting
to Rs.10,50,000/- and other incriminating materials were seized from the
applicant/accused.
4. In MCRC No. 1947/2026 - Learned counsel for the applicants submits
that the applicant is innocent and has been falsely implicated in the case.
He further submitted that the applicant has not withdrawn any amount
which is seized by the police as alleged against the applicant. He further
submitted that the co-accused Rajendra Palange has granted regular bail
vide its order dated 08.08.2025 in M.Cr.C No. 189/2025 and co-accused
Sanjay Das Manikpuri (Mahant) has granted regular bail vide its order
dated 26.08.2025 in M.Cr.C No. 6725/2025 and co-accused
Purushottam Tiwari has granted regular bail vide its order dated
17.09.2025 in M.Cr.C No. 6598/2025 and co-accused GuruShankar
Divya has granted regular bail vide its order dated 09.09.2025 in M.Cr.C
No. 7179/2025, co-accused Kapileshwar Puri Goswami has granted
regular bail vide its order dated 06.10.2025 in M.Cr.C No. 7126/2025
and co-accused Rishi Nayak has been granted bail by this Court vide
order dated 24.02.2026 passed in MCRC No. 327/2026.
5. In MCRC No. 1948/2026 - Learned counsel for the applicant submits
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that in this crime, co-accused Rajendra Palange has granted regular bail
vide its order dated 08.08.2025 in M.Cr.C No. 5962/2025 and
co-accused Sanjay Das Manikpuri (Mahant) has granted regular bail
vide its order dated 26.08.2025 in M.Cr.C 6715/2025 and co-accused
GuruShankar Divya has granted regular bail vide its order dated
09.09.2025 in M.Cr.C No. 7169/2025 and co-accused Kapileshwar Puri
Goswami has granted regular bail vide its order dated 06.10.2025 in
M.Cr.C No. 7840/2025 and co-accused, namely, Rishi Nayak has been
granted bail by this Court vide order dated 24.02.2026 passed in MCRC
No. 266/2026.
6. In MCRC No. 1976/2026 - Learned counsel for the applicant submits
that in this crime, co-accused Rajendra Palange has granted regular bail
vide its order dated 08.08.2025 in M.Cr.C No. 5864/2025 and
co-accused Sanjay Das Manikpuri (Mahant) has granted regular bail
vide its order dated 26.08.2025 in M.Cr.C No. 6706/2025 and
co-accused Purushottam Tiwari has granted regular bail vide its order
dated 17.09.2025 in M.Cr.C No. 6632/2025 and co-accused
GuruShankar Divya has granted regular bail vide its order dated
09.09.2025 in M.Cr.C No. 7160/2025 and co-accused Kapileshwar Puri
Goswami has granted regular bail vide its order dated 06.10.2025 in
M.Cr.C No. 7843/2025 and co-accused, namely, Rishi Nayak has been
granted bail by this Court vide order dated 24.02.2026 passed in MCRC
No. 259/2026.
7. In MCRC No. 1979/2026 - Learned counsel for the applicant submits
that in this crime, co-accused Rajendra Palange has granted regular bail
vide its order dated 14. 08.2025 in M.Cr.C No. 6233/2025 and
co-accused Sanjay Das Manikpuri (Mahant) has granted regular bail
vide its order dated 26.08.2025 in co-accused M.Cr.C 6728/2025 No.
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and GuruShankar Divya has granted regular bail vide its order dated
09.09.2025 in M.Cr.C. No. 7155/2025 and co-accused Kapileshwar Puri
Goswami has granted regular bail vide its order dated 06.10.2025 in
M.Cr.C No. 7817/2025 and co-accused, namely, Rishi Nayak has been
granted bail by this Court vide order dated 24.02.2026 passed in MCRC
No. 268/2026. Further, the charge-sheet has been filed and he is in jail
since 20.01.2026. Thus, looking to the above, it is prayed that the
applicant may be enlarged on bail on the ground of parity.
8. On the other hand, learned State counsel appearing for the
respondent/State opposes the bail application and submits that the
charge-sheet has been filed, but could not dispute the fact that the
co-accused persons have already been granted bail by this Court.
9. I have heard learned counsel appearing for the parties and perused the
document available on record.
10. Considering the facts and circumstances of the case, the nature and
gravity of the offence, and the allegations levelled against the applicant,
and further considering that the charge-sheet has been filed before the
competent Court and the applicant has been in custody since
20.01.2026, and also taking into account the fact that identically situated
co-accused persons have already been granted bail by this Court in all
four crime numbers, as explained in the submissions of learned counsel
for the applicant, this Court is of the view that the applicant is entitled to
be released on bail in the present case on the ground of parity.
11. Accordingly, the bail application is allowed. Let the Applicant -
Ishwar Chouhan involved in Crime No. 1213/2024 (in MCRC No.
1947/2026), Crime No. 1210/2024 (in MCRC No. 1948/2026), Crime
No. 1212/2024 (in MCRC No.1976/2026) and Crime No. 1211/2024 (in
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MCRC No. 1979/2026) registered at Police Station - Civil Line, District -
Bilaspur (C.G.) for the offence punishable under Sections 318(4), 338,
336(3), 340(2), 61(2) and 111 of Bharatiya Nyaya Sanhita, 2023, be
released on bail on his furnishing a personal bond with two sureties in
the like sum to the satisfaction of the Court concerned with the following
conditions:-
(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 his counsel. In
case of his absence, without sufficient 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 fixed 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 fixed for (i) opening of the case, (ii)
framing of charge and (iii) recording of statement under
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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.
12. Office is directed to send a copy of this order to the trial Court for
necessary information and compliance forthwith.
-
Sd/-
(Ramesh Sinha) CHIEF JUSTICE
Preeti
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