Chhattisgarh High Court

Anticipatory bail granted on parity with co-accused previously released on regular bail.

NIKHIL RAGHUWANSHI vs STATE OF C.G.

Chhattisgarh High CourtJUDGMENT: April 01, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant sought anticipatory bail regarding Crime No. 410/2024 involving offences under Sections 420 and 120-B of the Bhartiya Nyay Sanhita (BNS), 2023.

Source reference: para 1

The prosecution alleged that the applicant, in conspiracy with others, defrauded Chhattisgarh State Rural Bank of ₹35 lakhs by mortgaging properties using forged Khasra entries and fabricated 'B-1' extracts.

Source reference: para 2

While co-accused Manoj Soni and Swapan Gucchet were arrested and confessed, the applicant remained at large.

Source reference: para 2

The applicant contended that he was falsely implicated, never applied for the loan, and that his identity was misused through forged documents without his knowledge, noting the absence of a PAN card at the material time.

Source reference: para 2-3

The State opposed the application, noting the applicant has one pending criminal antecedent.

Source reference: para 4
02

Issues

Whether the applicant is entitled to the protection of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS) based on the principle of parity and the facts of the case.

Source reference: para 1, 6
03

Law Applied

The Court applied Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, which governs the grant of bail to persons apprehending arrest.

Source reference: para 1

The substantive charges were considered under Sections 420 (cheating) and 120-B (criminal conspiracy) of the Bhartiya Nyay Sanhita, 2023.

Source reference: para 1

The Court relied on the judicial principle of parity, wherein an applicant may be granted relief if a similarly situated co-accused has already been granted bail.

Source reference: para 6
04

Reasoning

The Court examined the materials on record and the submissions regarding the applicant's alleged involvement in the bank fraud.

Source reference: para 5-6

While the State highlighted a criminal antecedent, the Court weighed this against the fact that a co-accused had already been granted regular bail in MCRC No. 648/2026 on February 23, 2026.

Source reference: para 4, 6

The Court determined that notwithstanding the allegations of forged documentation and conspiracy, the circumstances justified the extension of the principle of parity to the applicant.

Source reference: para 6

The Court found that the nature of the accusations and the procedural status of the co-accused warranted the grant of anticipatory bail, provided stringent conditions were imposed to ensure the integrity of the trial.

Source reference: para 6-7
05

Holding

The High Court allowed the anticipatory bail application.

The Court held that in the event of arrest, the applicant shall be released upon executing a personal bond and one surety, subject to several conditions: (a) non-interference with witnesses; (b) cooperation with the trial; (c) regular appearance before the trial court; (d) verification of Aadhaar details; and (e) refraining from committing similar future offences.

Source reference: para 7
Chhattisgarh High Court

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NIKHIL RAGHUWANSHIvsSTATE OF C.G.

Chhattisgarh High Court · April 01, 2026

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