[Cites 6, Cited by 0]
Chattisgarh High Court
Shubham Nirmalkar vs State Of Chhattisgarh on 16 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12532
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
GOURI MCRC No. 1358 of 2026
MUDALIAR
Shubham Nirmalkar S/o Santram Nirmalkar Aged About 27 Years Resident Of
Digitally signed by
GOURI
MUDALIAR Near Laxminarayan Mandir, Polsai, Para, Durg, Tahsil And District- Durg
Date: 2026.03.17
15:17:59 +0530
(C.G.)
... Applicant
versus
State Of Chhattisgarh Through- The Station- House Officer, Police Of Police
Station Utai, District- Durg (C.G.)
... Respondent
For Applicant : Shri Jitendra Gupta, Advocate.
For : Shri Soumya Rai, Dy.G.A.
Respondent/State
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
16/03/2026
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.128/2025 registered at Police Station Utai, District Durg (C.G.) for
the offence punishable under Sections 420 and 419 of Indian Penal
Code.
2. Case of the prosecution, in brief, is that the complainant Himanshu
Yadav lodged a report at Police Station Utai on 09.04.2025 stating that
on 11.06.2024 the applicant/accused Shubham Nirmalkar, who was
selling Idea company SIM cards, issued a SIM to him for Rs.10 after
taking his Aadhaar card, live photographs and biometric thumb
impression. Later, through Cyber Police, Durg, the complainant came
to know that another SIM number 6232331824 had been issued using
his Aadhaar card without his knowledge. It is alleged that the accused
dishonestly obtained the complainant's biometric details and
fraudulently issued another SIM in his name and sold it to someone
else. On the basis of the complaint, Crime No. 128/2025 was
registered at Police Station Utai, District Durg under Sections 419 and
420 IPC, and after investigation the charge sheet has been filed.
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the instant case and the applicant
has neither committed nor participated in any such act, which may
amount to any of the offences, mentioned above. He would submit that
the present applicant has been implicated in this case only on the
memorandum statement. He would submit that the charge sheet has
been filed in this case, the applicant is in jail since 24/11/2025 and
conclusion of trial will take some time, therefore, he prays for grant of
bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail application
and he would submit that charge sheet has been filed in this case
before the competent court. He would submit that in compliance of the
court's order dated 11/02/2026 the Investigating Officer has filed his
personal affidavit. He would further submit that the applicant has two
criminal antecedents.
5. I have heard learned counsel appearing for the parties and perused the
materials available on record.
6. Taking into consideration the facts and circumstances of the case,
nature of allegation levelled against the applicant, period of detention
of the applicant since 24/11/2025, charge sheet has been filed and also
considering the fact that trial is likely to take some time for its
conclusion, therefore this Court is of the view that the applicant is
entitled to be released on bail in this case.
7. Accordingly, the bail application is allowed and it is directed that the
Applicant- Shubham Nirmalkar, involved in Crime No.128/2025
registered at Police Station Utai, District Durg (C.G.) for the offence
punishable under Sections 420 and 419 of Indian Penal Code, 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 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.
8. 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
gouri
