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Chattisgarh High Court
Rakesh Vishwakarma vs State Of Chhattisgarh on 19 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:13179
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2586 of 2026
Rakesh Vishwakarma S/o Shri Kirtan Vishwakarma, Aged About 21
Digitally
Years R/o Village Murmuri, Pandripani, Police Station Singhora, Tehsil
AKHILESH signed by
KUMAR AKHILESH
Saraipali, District- Mahasamund Chhattisgarh
DEWANGAN KUMAR
DEWANGAN
--- Applicant(s)
versus
State Of Chhattisgarh Through Police Station Singhora, District-
Mahasamund Chhattisgarh
--- Respondent(s)
For Applicant(s) : Mr. Virendra Kashyap, Advocate.
For Respondent(s) : Mr. Nitansh Jaiswal, Dy. G.A.
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. 96/2025 registered at Police Station
Singhora, District- Mahasamund (C.G.) for the offence punishable
under Sections 287, 305(e), 221, 351(2), 3(5) of BNS and
Sections 3 and 7 of the Essential Commodities Act.
2. Case of the prosecution, in brief, is that the allegation against the
present applicant is that he was involved in illegal refilling of LPG
cylinders from tankers into other cylinders without safety norms,
for unlawful gain, and was part of the said illegal activity, thereby
attracting offences under the BNS and the Essential Commodities
Act. 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 identically
situated co-accused, Prakash Gupta has already been granted
bail by this Court vide order dated 28.02.2026 in MCRC No.609
of 2026 and co-accused, namely, Mohan Gupta has been granted
anticipatory bail by this Court vide order dated 08.01.2026 in
MCRCA No.12 of 2026. The applicant is in jail since 29.12.2025,
the applicant has no criminal antecedent, 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. He further submits that the applicant is alleged
to be involved in unauthorized and unsafe refilling of LPG
cylinders for the purpose of earning illegal profit, but could not
dispute the fact that co-accused persons have already been
granted bail by this Court and the case of present applicant is
identical to that of the co-accused persons.
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 29.12.2025, the fact that though the applicant is alleged to
be involved in unauthorized and unsafe refilling of LPG cylinders
for the purpose of earning illegal profit, but considering the fact
that identically situated co-accused, namely, Prakash Gupta has
already been granted bail by this Court vide order dated
28.02.2026 in MCRC No.609 of 2026 and co-accused, namely,
Mohan Gupta has been granted anticipatory bail by this Court
vide order dated 08.01.2026 in MCRCA No.12 of 2026, further
the applicant has no criminal antecedent and 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-Rakesh Vishwakarma, involved in Crime No.
96/2025 registered at Police Station Singhora, District-
Mahasamund (C.G.) for the offence punishable under Sections
287, 305(e), 221, 351(2), 3(5) of BNS and Sections 3 and 7 of the
Essential Commodities Act, 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.
9. Office is directed to send a certified copy of this order to the trial
Court for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
Akhil
