01Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 78/2026 registered at Police Station Balrampur for offences under Sections 318(2), 319(2), 336(3), 338 and 340(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 61(2)(a), 66(c) and 66(d) of the Information Technology Act
¶ 1 · p. 2The prosecution alleged that co-accused Omprakash Chandravanshi prepared forged domicile certificates, including one in the applicant’s name, using documents relating to another person and a school in Dongargarh. The applicant allegedly obtained the certificate to secure employment, although he was not alleged to have used it for that purpose
¶ 2 · pp. 2–3The applicant had been in custody since 23 May 2026. He contended that he was innocent, had not used the certificate, and that similarly placed co-accused Akash Sharma and Sumit Singh had already been granted bail by the High Court
¶ 3 · p. 3The State opposed the application
¶ 4 · p. 402Issues
i.1. Whether the applicant was entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, having regard to the nature of the allegations, the material in the case diary, and the period of custody
¶ 1, 5–6 · pp. 2, 4–5ii.2. Whether the applicant was entitled to bail on the ground of parity with co-accused who had already been granted bail, particularly when he was not alleged to have used the forged domicile certificate to obtain employment
¶ 3, 6 · p. 3, 503Law Applied
The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the High Court’s power to grant regular bail
¶ 1 · p. 2It considered the offences alleged under Sections 318(2), 319(2), 336(3), 338 and 340(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 61(2)(a), 66(c) and 66(d) of the Information Technology Act
¶ 1 · p. 2The governing bail principles required consideration of the nature of the allegations, the material collected, the applicant’s period of custody, the likelihood of the trial taking time, and the risk of misuse of liberty
¶ 3, 6 · p. 3, 5The Court also considered parity with co-accused who had already been granted bail
¶ 3, 6 · p. 3, 5Provisions in the judgment · 12 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483Section 84Section 351
Bharatiya Nyaya Sanhita, 2023 Section 318Section 319Section 336Section 338Section 340Section 269Section 209
Information Technology Act, 2000 Section 61Section 66
04Reasoning
After examining the case diary and hearing both parties, the Court found that the applicant was not alleged to have used the domicile certificate for securing employment
¶ 5–6 · p. 5This circumstance reduced the immediate gravity attributed to his role for the purpose of bail, notwithstanding the allegations concerning preparation of the certificate
The Court further took into account that the applicant had remained in custody since 23 May 2026, that co-accused Akash Sharma and Sumit Singh had already been granted bail, and that the trial was likely to take considerable time
¶ 6 · p. 5Without expressing any opinion on the merits, these cumulative factors justified extending the benefit of regular bail to the applicant
¶ 6 · p. 505Holding
The High Court allowed the bail application and directed that Vivek Singh Tomar be released on bail upon furnishing a personal bond with two local sureties to the satisfaction of the trial court
¶ 7 · pp. 5–6The release was subject to conditions requiring him not to seek adjournments when witnesses were present, to remain present before the trial court on each date as directed, to comply with proceedings concerning non-appearance or misuse of bail, and to appear personally on the dates fixed for opening of the case, framing of charge, and recording of his statement under Section 351 of the BNSS
¶ 7 · pp. 5–6The Court directed that a certified copy of the order be sent to the trial court for compliance
¶ 8 · p. 6Original Court PDF
VIVEK SINGH TOMARvsSTATE OF CHHATTISGARH
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