[Cites 9, Cited by 0]
Chattisgarh High Court
Manoj Soni vs State Of Chhattisgarh on 19 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:13174
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2601 of 2026
Manoj Soni S/o Shri R.K. Soni Aged About 52 Years R/o Village Lucky
Kirana Store, Godavari Nagar, Raipur, District - Raipur (C.G.)
... Applicant
versus
State of Chhattisgarh Through Station House Officer, Police Station -
Telibanda, District- Raipur (C.G.)
... Non-Applicant
For Applicant : Mr. Shrikant Mishra, Advocate
For Non-Applicant/State : Dr. Sourabh Kumar Pande, Deputy A.G.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
19.03.2026
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. 410/2024 registered at Police Station-
Telibanda, District- Raipur, (C.G.) for the offence punishable under
Sections 420, 120-B, 467, 468 and 471 of the Indian Penal Code,
1860.
RAHUL
2. Case of the prosecution, in brief, is that the complaint was lodged
DEWANGAN
Digitally
by the Manager of Chhattisgarh State Rural Bank alleging that the
signed by
RAHUL
DEWANGAN
accused persons had fraudulently obtained a loan by
misrepresenting ownership of land belonging to another person and
by submitting forged purchase and sale documents, thereby
causing wrongful loss to the bank. Upon completion of investigation,
an offence was registered and a charge-sheet has been filed before
the competent Court. Hence, this 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 similarly situated co-accused
person, namely, Swapan Kumar Guchait has already been granted
bail by this Court vide order dated 23.02.2026 in MCRC No.
648/2026. He also submits that the applicant has no previous
criminal antecedents, and he is in jail since 08.12.2025, the 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 on
the ground of parity.
4. On the other hand, learned counsel for the State opposes the bail
application of the applicant and submits that the charge-sheet has
been filed before the competent Court, but could not dispute the fact
that co-accused person has already been granted bail by this Court
and the case of the present applicant is identical to that of the co-
accused.
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 08.12.2025, the fact that though the present applicant and
other co-accused were committed that said crime, but other co-
accused person, namely, Swapan Kumar Guchait has already been
granted bail by this Court vide order dated 23.02.2026 in MCRC
No. 648/2026, and the case of present applicant is identical to that
of the co-accused person, further the applicant has no previous
criminal antecedents, the charge-sheet has been filed in the present
case, this Court is of the view that the applicant is entitled to be
released on bail in this case on the ground of parity.
7. Accordingly, the bail application of the applicant is allowed. Let the
Applicant - Manoj Soni, involved in Crime No. 410/2024 registered
at Police Station- Telibanda, District- Raipur, (C.G.) for the offence
punishable under Sections 420, 120-B, 467, 468 and 471 of the
Indian Penal Code, 1860, be released on bail on 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 provide a certified copy of this order to the trial
Court concerned for necessary information and compliance
forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
Rahul Dewangan
