[Cites 5, Cited by 0]
Chattisgarh High Court
Akash Khare vs State Of Chhattisgarh on 18 March, 2026
1
2026:CGHC:12962
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2527 of 2026
Akash Khare S/o Late Satyaprakash Khare Aged About 44 Years R/o- Village
Rajendra Nagar Colony, Police Station- Gandhinagar, Tehsil- Ambikapur,
District- Surguja (C.G.)
... Applicant
versus
State Of Chhattisgarh Through Officer In Charge, Surajpur Police Station,
District Surajpur, C.G.
... Non-Applicant
For Applicant : Mr. Anurag Singh, Advocate.
For Non-Applicant/State : Dr. Saurabh Pande, Deputy Advocate General.
Digitally
signed by
PREETI Hon'ble Shri Ramesh Sinha, Chief Justice
PREETI KUMARI
KUMARI Date:
2026.03.19
10:48:44
+0530
Order on Board
18.03.2026
1.
The applicant has preferred this First Bail Application under Section 483
of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail,
as he has been arrested in connection with Crime No. 12/2026 registered
at Police Station - Surajpur, District - Surajpur (C.G.) for the offence
punishable under Section 420 of Indian Penal Code.
2. The case of the prosecution, in brief, is that, the accused/applicant
cheated the complainant of Rs.13,35,027 on the pretext of securing a job
for the complainant's son in SECL. The accused in his memorandum
statement admitted that he purchased a plot in the name of his wife using
the money obtained from the complainant. Thereafter, during course of
investigation, present applicant has been arrested.
3. It is submitted by learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the present case due to a
financial dispute between the parties relating to land transactions, and
that the complaint has been filed with an ulterior motive. It is further
submitted that there is a delay of about three years in lodging the FIR,
inasmuch as the alleged offence is stated to have taken place in the year
2023, whereas the FIR has been registered in the year 2026. Learned
counsel submits that the allegations arise out of financial dealings and
profit-sharing in land transactions, which clearly indicate that the dispute
is civil in nature, and that the present criminal proceedings have been
initiated only to give a criminal colour to a civil dispute. It is also submitted
that the applicant has no prior criminal antecedents. It is further submitted
that the charge-sheet has already been filed and the applicant has been
in judicial custody since 09.01.2026. Considering that the conclusion of
the trial is likely to take considerable time, a prayer has been made for
grant of bail to the applicant.
4. On the other hand, the learned State counsel opposed the bail application
and submitted that the charge-sheet has been filed in the present case.
He further submits that from the perusal of the case diary, it is also
revealed that the accused Akash Khare is alleged to have fraudulently
obtained Rs.13,35,027 from the complainant Hemant Rajwade on the
pretext of securing a job in S.E.C.L. for his son, Ankur Rajwade. Hence,
he is not entitled for grant of bail.
5. I have heard learned counsel for the parties and perused the
documents available on record.
6. Taking into consideration the facts and circumstances of the case,
nature and gravity of allegation levelled against the applicant and the fact
that there is a delay of about three years in lodging the FIR, inasmuch as
the alleged offence is stated to have taken place in the year 2023,
whereas the FIR has been registered in the year 2026, further the
applicant has no previous criminal antecedent, the charge-sheet has
been filed and he is in jail since 09.01.2026 and conclusion of the trial is
likely to take some time, 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. Let the applicant -
Akash Khare, involved in Crime No. 12/2026 registered at Police Station
- Surajpur Police Station, District - Surajpur (C.G.) for the offence
punishable under Section 420 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. However, it will be open for the prosecuting agency to initiate prosecution
against the complainant of the present case also who claims to have been
cheated by the applicant herein as the conduct of the complainant
amounts to giving bribe for obtaining employment through illegal mode.
9. 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
Preeti
