AMAR vs STATE OF CHHATTISGARH

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2026:CGHC:21665
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 4314 of 2026
Amar S/o Subhash Chander Aged About 32 Years R/o Behind Tehsil, Bhuna,
Shyamvihar Colony, Bhuna 63, District- Fatehabad, Haryana
... Applicant
Digitally
signed by
ABHISHEK
SHRIVAS
Date:
2026.05.08
19:01:41
+0530
ABHISHEK
SHRIVAS
versus
State of Chhattisgarh Through Police Station- Deen Dayal Nagar, Dist.- Raipur
(C.G.)
... Non-applicant
For Applicant : Mr. Anmol Gupta, Advocate.
For Non-applicant/State : Dr. Sourabh K. Pande, Dy. Advocate General.
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
08.05.2026
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. 112/2026,
registered at Police Station – Deen Dayal Nagar, District – Raipur (C.G.)
for the offence punishable under Sections 318(2), 61(2) of the BNS, and
Section 66 of Information Technology Act and Section 10(1) of Public
Examination (Prevention of Unfair Means) Act, 2024.
2. The prosecution case, in brief, is that, on 14.02.2026, the police received
secret information that the present applicant, along with other co-
accused persons, was using transmission devices and other technical

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instruments to facilitate cheating in the GATE examination conducted at
ION Digital Zone through fraudulent means and in violation of the anti-
cheating laws, thereby constituting an act of criminal conspiracy.
3. It is argued by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in this case and there is no
criminal antecedents registered against the present applicant. It is further
submitted that the charge-sheet has been filed in this case. The applicant
is in jail since 14.02.2026 and trial is likely to take quite long time for its
conclusion, therefore, he prays for grant of bail.
4. On the other hand, learned State counsel opposes the bail application
and submits that the charge-sheet has already been filed in the present
case. It is further submitted that a Bluetooth device has also been seized
from the possession of the applicant; therefore, he is not entitled to the
grant of bail.
5. I have heard learned counsel for the parties and perused all of 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 no criminal antecedents registered against the present applicant,
charge-sheet has been filed against the applicant, the applicant is in jail
since 14.02.2026 and conclusion of the trial is likely to take some time, I
am inclined to allow this application.
7. Let applicant, Amar , involved in Crime No. 112/2026, registered at
Police Station – Deen Dayal Nagar, District – Raipur (C.G.) for the
offence punishable under Sections 318(2), 61(2) of the BNS, and Section
66 of Information Technology Act and Section 10(1) of Public

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Examination (Prevention of Unfair Means) Act, 2024, be released on bail
on his furnishing a 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 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

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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