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Chattisgarh High Court
Vivek @ Vicky Korsewada vs State Of Chhattisgarh on 16 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12468
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2458 of 2026
Vivek @ Vicky Korsewada S/0 Dronendra Kumar Korsewada Aged About 35
Years R/o Borsi, PS Padmanabhpur, District - Durg (C.G)
... Applicant
versus
State of Chhattisgarh Through P.S. - Citykotwali Dhamtari, District - Dhamtari
(C.G.)
... Non-applicant
For Applicant : Mr. Shobhit Koshta, Advocates.
Digitally signed
ABHISHEK
by ABHISHEK
SHRIVAS For Non-Applicant/State : Mr. Shubham Bajpai, Panel Lawyer.
Date:
SHRIVAS 2026.03.17
11:11:05
+0530
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 Bhartiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant
who has been arrested in connection with Crime No. 327/2025 registered
at Police Station City Kotwali, District - Dhamtari (C.G.), for the offences
punishable under Sections 204(2), 319(2), 331(3), 61(2), 3(5) of the
Bhartiya Nyaya Sanita, 2023.
2. The prosecution story, in brief, is that on 17.11.2025, about 6-7 unknown
persons entered the house of the complainant, namely Dilip Rathore, and
informed him that they were officers of the Income Tax Department.
Thereafter, they started searching the complainant's house but did not
produce any warrant despite repeated requests. After conducting the
search and finding no incriminating material, the accused persons left the
house without taking any money or jewellery. Subsequently, on
12.12.2025, the present FIR was lodged against unknown persons.
3. Learned counsel for the applicant submits that the present applicant is
innocent and has been falsely implicated in the aforesaid case. He
submits that the other co-accused person, namely Jitendra Baghel has
already been granted regular bail by this Court in MCRC No. 2228 of
2026 vide order dated 10.03.2026. Therefore, he submits that the
present 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 present applicant and submits that the charge-sheet has already
been submitted in the present case.
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 other co-accused person, namely, Jitendra Baghel has already been
granted regular bail by this Court in MCRC No. 2228 of 2026 vide order
dated 10.03.2026. Also considering the fact that the charge - sheet has
already been submitted in the present case before the competent Court
and he has been in jail since 16.12.2025 and the conclusion of the trial
may take some more time. Therefore, this Court is of the view that the
present applicant is entitled to be released on bail in this case on the
ground of parity.
7. Let the Applicant - Vivek @ Vicky Korsewada, involved in Crime No.
327/2025 registered at Police Station City Kotwali, District - Dhamtari
(C.G.), for the offences punishable under Sections 204(2), 319(2),
331(3), 61(2), 3(5) of the Bhartiya Nyaya Sanita, 2023, be released on
bail on his 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 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
concerned for necessary information and compliance forthwith.
- Sd/-
(Ramesh Sinha)
Chief Justice
Abhishek
