01Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 108/2026 registered at Police Station Saraswati Nagar, Raipur, for offences under Sections 318(4), 338, 336(3) and 341(2) of the Bharatiya Nyaya Sanhita, 2023.
¶ 1The prosecution alleged that the applicant induced the complainant, Prakash Kumar Thakur, to pay ₹11,00,000 on the false promise of securing direct recruitment as a Forest Guard.
¶ 2The amount allegedly comprised ₹10,00,000 paid through UPI and ₹1,00,000 in cash.
¶ 2The applicant was further alleged to have supplied a forged photocopy of a Forest Department appointment order.
¶ 2The applicant denied the allegations and contended that he had been falsely implicated owing to a pre-existing monetary dispute relating to a bakery transaction.
¶ 3He relied on the documentary nature of the evidence, the seizure of relevant documents, his responsibility towards his aged parents, his two explained criminal antecedents, the filing of the charge-sheet, and his custody since 30 May 2026.
¶ 3The State opposed bail but acknowledged that the charge-sheet had been filed before the competent court.
¶ 402Issues
i.1. Whether the applicant was entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the allegations, his criminal antecedents, the filing of the charge-sheet, and the period of custody?
¶ 1, 4–6ii.2. Whether bail should be granted subject to conditions securing the applicant’s presence and preventing misuse of the concession of bail?
¶ 703Law Applied
The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the High Court’s power to grant regular bail.
¶ 1The alleged offences were under Sections 318(4), 338, 336(3) and 341(2) of the Bharatiya Nyaya Sanhita, 2023.
¶ 1In deciding bail, the Court considered the relevant circumstances, including the nature of the accusation, the applicant’s criminal antecedents, the filing of the charge-sheet, the period of incarceration, and the anticipated duration of the trial.
¶ 6Bail was made subject to conditions requiring attendance before the trial court, non-seeking of unnecessary adjournments, personal appearance at material stages, and consequences for misuse of bail.
¶ 7Provisions in the judgment · 9 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483Section 84Section 351
Bharatiya Nyaya Sanhita, 2023 Section 318Section 338Section 336Section 341Section 269Section 209
04Reasoning
The Court considered that the applicant had only two criminal antecedents, one under the IPC and one under the Negotiable Instruments Act, both of which had been explained in the bail application.
¶ 6It further noted that the charge-sheet had already been filed and that the applicant had remained in custody since 30 May 2026, reducing the need for continued custodial detention for investigation.
¶ 6Since the trial was likely to take further time, the Court found that the applicant was entitled to bail, while safeguarding the proceedings through conditions relating to attendance, cooperation with the trial, and personal presence at the stages of opening of the case, framing of charge, and recording of his statement.
¶ 6–705Holding
The High Court allowed the applicant’s first regular bail application and directed that Deepraj Gaikwad be released in Crime No. 108/2026 upon furnishing a personal bond with two sureties in the like amount to the satisfaction of the concerned trial court.
¶ 7The release was subject to conditions requiring him not to seek adjournments when witnesses were present, to remain present before the trial court, to appear personally at specified stages, and to face appropriate proceedings in the event of absence, absconding, or misuse of bail.
¶ 7A certified copy of the order was directed to be sent to the trial court for compliance.
¶ 8Original Court PDF
DEEPRAJ GAIKWADvsSTATE OF CHHATTISGARH
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