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 1The 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 2While co-accused Manoj Soni and Swapan Gucchet were arrested and confessed, the applicant remained at large.
Source reference: para 2The 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 2-3The State opposed the application, noting the applicant has one pending criminal antecedent.
Source reference: para 4Issues
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, 6Law 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 1The substantive charges were considered under Sections 420 (cheating) and 120-B (criminal conspiracy) of the Bhartiya Nyay Sanhita, 2023.
Source reference: para 1The 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 6Reasoning
The Court examined the materials on record and the submissions regarding the applicant's alleged involvement in the bank fraud.
Source reference: para 5-6While 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, 6The 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 6The 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 6-7Holding
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 7Original Court PDF
NIKHIL RAGHUWANSHIvsSTATE OF C.G.
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