Chhattisgarh High Court
Criminal LawCriminal Procedure and Evidence

Specific allegations and prima facie material of active participation justify denial of bail.

SHUBHAM MISHRA vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: October 13, 20262 MIN READSOURCE JUDGMENT
Specific allegations and prima facie material of active participation justify denial of bail.. SHUBHAM MISHRA vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant was arrested in Crime No. 34/2026, registered at City Kotwali, Jashpur, for alleged offences under Sections 318(4), 61(2), 238, 336(3), 338 and 340(2) of the Bharatiya Nyaya Sanhita, 2023.

Source reference: para. 1

The complaint alleged that the applicant and co-accused Muneshwar took money from the complainant on the promise of providing a government job; other persons also alleged similar deception.

Source reference: para. 2

The applicant argued that no financial transaction between him and the complainant was established, that the principal allegations concerned Muneshwar, that the charge-sheet had been filed, and that he had been in custody since 7 June 2026.

Source reference: para. 3

The State opposed bail, alleging the applicant’s active involvement in taking money from the complainant and others.

Source reference: para. 4
02

Issues

1. Whether the applicant should be granted regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in view of the allegations and material in the case diary.

Source reference: paras. 1, 5–8

2. Whether the filing of the charge-sheet and the applicant’s asserted lack of criminal antecedents warranted bail despite the alleged prima facie involvement.

Source reference: paras. 7–8
03

Law Applied

The application was made under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which the Court identified as the basis for seeking regular bail.

Source reference: para. 1

The Court stated that, at the bail stage, its role is confined to verifying whether a prima facie case exists; it also held that the allegations’ veracity could not be evaluated at that stage on the basis of the defence raised.

Source reference: paras. 6–7

The charged offences were under Sections 318(4), 61(2), 238, 336(3), 338 and 340(2) of the Bharatiya Nyaya Sanhita, 2023.

Source reference: para. 1
04

Reasoning

The Court found specific and direct allegations that the applicant acted in concert with Muneshwar to obtain money by promising government jobs, and considered the case-diary material indicative, prima facie, of active participation.

Source reference: paras. 6, 8

It held that the filing of the charge-sheet did not absolve the applicant and declined to assess the truth of the allegations against the defence at the bail stage.

Source reference: para. 7

Considering the alleged overt act and gravity of the offence, the Court found no basis to grant bail at that stage.

Source reference: para. 8
05

Holding

The Court answered the bail question in the negative and rejected the applicant’s first application for regular bail.

No further directions or relief were granted.

Source reference: para. 9
06

Acts & Sections Cited

7 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.

Bharatiya Nagarik Suraksha Sanhita, 20231

Chhattisgarh High Court

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SHUBHAM MISHRAvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · October 13, 2026

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