Citation : 2026 Latest Caselaw 943 Chatt
Judgement Date : 24 March, 2026
1
2026:CGHC:14077
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2126 of 2026
Tikeshwar Nareti Son Of Shri Sagram Nareti Aged About 28 Years Resident
Of Village Dangara, Police Station - Durgkondal, District - Uttar Baster
Kanker, Chhattisgarh. ...Applicant
versus
State Of Chhattisgarh through station House officer Police Station City
Kotwali, District - Dhamtari, Chhattisgarh. ...Non-applicant
For Applicant : Mr. Rahil Arun Kochar, Advocate
For Non-Applicant/State : Ms. Ritika Verma, Panel lawyer.
VAIBHAV Hon'ble Shri Ramesh Sinha, Chief Justice
SINGH
Digitally signed by
VAIBHAV SINGH
Order on Board
Date: 2026.03.25
12:41:56 +0530
24.03.2026
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.
66/2026 registered at Police Station - City Kotwali, District - Dhamtari
(C.G.), for the offences punishable under Sections 204, 205, 336(3) of
the BNS.
2. The prosecution story, in brief, is that on 21.02.2026 an FIR was
registered against the applicant vide Crime No. 66/2026 at Police
Station Dhamtari, District Dhamtari, for offences punishable under
Sections 204, 205 and 336(3) of the BNS. It is alleged that the
applicant, while crossing the toll plaza near Aamatalab Road,
Dhamtari in his Scorpio vehicle, attempted to evade payment of toll
tax by affixing a logo of the National Crime Control Organization on
his vehicle, thereby misrepresenting himself as an authorized person.
It is further alleged that the applicant was in possession of an identity
card showing him as the Vice President of the said organization,
which he used to create a false impression of official authority. On the
basis of these allegations, the applicant was apprehended and
arrested on 21.02.2026, and the matter is presently under
investigation.
3. Learned counsel for the applicant submits that the applicant is an
innocent person and has been falsely implicated in this offence. It is
submitted that the applicant is merely a member of a social NGO,
namely 'Ek Naya Savera', which is a registered organization having its
office at Delhi, and the applicant had enrolled himself as a member by
paying the requisite membership fee. It is further submitted that
'National Crime Control Organization' is one of the objectives of the
said NGO aimed at social welfare and crime prevention, and the
applicant has neither impersonated any public servant nor misused
any authority as alleged. The applicant himself appears to have been
misled by an online advertisement circulated on Facebook regarding
the said organization, and has acted bona fide without any criminal
intent. The only allegation against the applicant is the affixation of a
logo sticker of the said organization on his vehicle, which by itself
does not constitute any offence under the aforesaid provisions. The
applicant is a young person aged about 28 years, having no criminal
antecedents, and has been in judicial custody since 21.02.2026,
therefore, he prays for grant of regular bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail application
of the present applicant and submits that the charge-sheet has not yet
been filed 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, the
nature and gravity of the allegations levelled against the applicant,
and the fact that the applicant has no previous antecedents, and
further considering that the applicant has been in custody since
21.02.2026 and that the conclusion of the trial is likely to take some
time, this Court is inclined to grant regular bail to the present
applicant.
7. Let the Applicant - Tikeshwar Nareti, involved in Crime No. 66/2026
registered at Police Station - City Kotwali, District - Dhamtari (C.G.),
for the offences punishable under Sections 204, 205, 336(3) of the
BNS, be released on bail on his furnishing personal bond with two
local 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 his 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
Vaibhav
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