[Cites 10, Cited by 0]
Chattisgarh High Court
Sanjay Mishra vs State Of Chhattisgarh on 13 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12164
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2383 of 2026
Sanjay Mishra S/o Baijnath Mishra Aged About 38 Years R/o Itawari,
P.S.- Jawa, Tahsil- Jawa, District- Reewa, (M.P.)
... Applicant(s)
versus
State Of Chhattisgarh Through - S.H.O. Police Station - Kotwali,
Ambikapur, District- Sarguja, (C.G.)
... Respondent(s)
Digitally
AKHILESH signed by
KUMAR AKHILESH
DEWANGAN KUMAR
DEWANGAN
For Applicant(s) : Mr. Pushkar Sinha, Advocate.
For Respondent(s) : Ms. Vaishali Mahilang, Dy. G.A.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
13/03/2026
1. This is the first bail application 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. 399/2019 registered at Police Station
Kotwali, Ambikapur, District- Sarguja (C.G.) for the offence
punishable under Sections 420, 120(B), 34 of the Indian Penal
Code.
2. Case of the prosecution, in brief, is that the complainant, Jagdish
Vishwakarma, lodged a report alleging that Acharya Sanjay
Sharma along with his associates induced him to believe that
buried treasure could be recovered from a piece of land by
performing certain religious rituals. On the pretext of conducting
such worship and assuring recovery of the hidden wealth, the
accused persons allegedly dishonestly obtained 21 tola gold
biscuits from the complainant. On the basis of the said report, an
offence under Sections 420 and 34 of the IPC was registered
against the accused persons. During the course of investigation,
the present applicant was arrested on 28.11.2025. Hence, the bail
application.
3. Learned counsel for the applicant submits that the applicant has
not committed any offence and he has been falsely implicated in
offence in question. He further submits that the present case was
registered in the year 2019 and the closure report was submitted
with respect to the applicant. He further submits that the present
applicant was earlier arrested in another case bearing Crime
No.132 of 2020 for the offences punishable under Sections 392,
420 and 120-B of the IPC. During the course of investigation in
the said case, the memorandum statement of the applicant was
recorded, wherein he is alleged to have confessed his
involvement in the present case. He also submits that the
applicant has already been granted bail in the said case by a Co-
ordinate Bench of this Court in MCRC No.1656 of 2026 vide order
dated 28.02.2026. The applicant is in jail since 28.11.2025, the
applicant has one criminal antecedent of the year 2020 in which
applicant has been granted bail as aforementioned, further
charge-sheet has been filed and the trial is likely to take some
time for its conclusion. Therefore, he prays for grant of bail to the
applicant.
4. On the other hand, learned State Counsel opposes the bail
application and submits that the charge-sheet has been filed in
the present case. She further submits that the applicant allegedly
along with co-accused Acharya Sanjay Sharma and other
associates, induced the complainant Jagdish Vishwakarma to
believe that buried treasure could be recovered from a piece of
land by performing certain religious rituals and on the said pretext,
the accused persons allegedly dishonestly obtained 21 tola gold
biscuits from the complainant, the present applicant acted in
furtherance of the common intention of the co-accused persons in
committing the alleged offence. So far as criminal antecedent of
the applicant is concerned, applicant has one criminal antecedent
of the year 2020 under the IPC, therefore, the applicant is not
entitled for grant of bail.
5. I have heard learned counsel appearing for the parties and
perused the case diary.
6. Taking into consideration the facts and circumstances of the case,
nature and gravity of offence, period of detention of the applicant
since 29.11.2025, the fact that the applicant, along with co-
accused Acharya Sanjay Sharma and other associates, induced
the complainant Jagdish Vishwakarma to believe that buried
treasure could be recovered from a piece of land by performing
certain religious rituals and, on that pretext, dishonestly obtained
21 tola gold biscuits from him, but considering the fact that the
applicant has only one criminal antecedent, which is of the year
2020 under the IPC and in the said case applicant has been
granted bail by a Co-ordinate Bench of this Court in MCRC
No.1656 of 2026 vide order dated 28.02.2026 and the charge-
sheet has been filed, this Court is of the view that the applicant is
entitled to be released on bail in this case.
7. Accordingly, the application is allowed.
8. Let the Applicant-Sanjay Mishra, involved in Crime No. 399/2019
registered at Police Station Kotwali, Ambikapur, District- Sarguja
(C.G.) for the offence punishable under Sections 420, 120(B), 34
of the Indian Penal Code, be released on bail on his furnishing a
personal bond with two local 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 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.
9. Office is directed to send a certified copy of this order to the trial
Court for necessary information and compliance.
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
Akhil
