Facts
On August 30, 2025, the applicant was stopped during a vehicle check in Raipur while driving an Activa scooter.
Source reference: para. 2The prosecution alleged the applicant was driving rashly and, when confronted for a traffic violation, misrepresented himself as an Assistant Central Intelligence Officer of the Intelligence Bureau (I.B.) by producing a forged identity card.
Source reference: para. 2He was arrested on August 31, 2025.
Source reference: para. 2Following the completion of the investigation, the police filed a charge-sheet against him.
Source reference: para. 2The applicant filed this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, contending he was falsely implicated and had no prior criminal record.
Source reference: para. 3Issues
1. Whether the applicant is entitled to the grant of regular bail considering the filing of the charge-sheet and the duration of his judicial custody.
Source reference: para. 1, 6Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant bail.
Source reference: para. 1Sections 318(2) (Cheating), 336(2) (Forgery), and 340(2) (Using as genuine a forged document) of the Bharatiya Nyaya Sanhita (BNS), 2023, and Section 184 of the Motor Vehicles Act (Dangerous driving).
Source reference: para. 1-2Section 269 (Non-appearance in response to proclamation), Section 84 (Proclamation for person absconding), Section 209 (Failure to appear in court), and Section 351 (Recording of statement of accused) of the BNSS as conditions for maintaining the liberty of bail.
Source reference: para. 7Reasoning
The Hon’ble Chief Justice balanced the nature of the allegations—specifically the use of a forged I.B. identity card to evade legal proceedings—against the procedural status of the case.
Source reference: para. 6The court noted that the investigation was complete and the charge-sheet had already been filed, reducing the risk of tampering with evidence.
Source reference: para. 6Despite being given two opportunities, the State Counsel failed to produce any record of previous criminal antecedents against the applicant.
Source reference: para. 6The court considered that the applicant had been in judicial custody since August 31, 2025; in the absence of prior criminal history and with the charge-sheet filed, the court determined that continued incarceration was unnecessary for the trial process.
Source reference: para. 6Holding
The Court allowed the bail application and ordered the release of the applicant upon furnishing a personal bond with two local sureties.
The holding is subject to several conditions, including that the applicant shall not seek adjournments during evidence, must remain present for all trial dates, and must comply with proceedings under Sections 209 and 269 of the BNS/BNSS in the event of default; any abuse of liberty would lead to the cancellation of bail.
Source reference: para. 7Original Court PDF
VISHAL KUMARvsSTATE OF CHHATTISGARH
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