The court grants bail based on parity, lack of prior criminal record, and the duration of detention, emphasizing conditions to prevent misuse of bail.

Order on Board

09/05/2025

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.148/2025 registered at Police Station Supela, District- Durg (C.G.) for the offence punishable under Sections 318(4) , 61(2) , 111(3) of B.N.S.

2. Case of the prosecution, in brief, is that as per the case diary and report related to crime no. 148/2025 section-318(4), 61(2) 111(3) of B.N.S. of Police Outpost-Smriti Nagar Police Station-Supela was perused, according to which Assistant Sub-Inspector Ajay Shankar Avinashi posted at Police Outpost-Smriti Nagar Police Station-Supela, on 03.02.2025, due to the stay and he visit to V.I.P in District Durg, He went to Hotel Landmark along with his staff for checking, during checking, room of Hotel Landmark. During the checking of the room of the persons namely Sunil Vishwakarma and other co-accused and the applicant staying at room no.-302, a form for loss of documents registered in G.R.P Raipur was found with the applicant namely Rajesh Jaiswal, in which mention of loss of Canara Bank cheque book of Manendragarh branch and other documents was found. On suspicion of finding Canara Bank cheque book and Manendragarh branch cheque book and ATM and other documents with him on the spot, he was summoned and witnesses present on the spot were given notice, all the items were brought to the police station and questioned, and his mobile phone and application to the branch manager Canara Bank Manendragarh on 31.01.2025 for turning on net banking and bulk mode, in which account number-120032974985 of Canara Bank Manendragarh branch was found, which is the same as the account number-120032974985 of Canara Bank cheque book found with him, from the observation of documents and mobile found with him, illegal transaction was found. The applicant and other co-accused by conspiring and committing fraud, have committed a crime. Prima facie, they were found to be earning illegal money through the bank by working together and in an organized manner. On the spot, a rural complaint was lodged against the applicant and other co-accused under Sections 318(4), 61(2), 111(3) of the B.N.S, 2023 and the case was registered in crime no. 148/2025 by the police station Supela district Durg.

3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would further submit that co-accused person namely Sanjay Jaiswal has been granted regular bail by this Court vide MCRC No.3462/2025 on 05/05/2025. He submits that charge sheet has been filed in this case and the applicant is in jail since 04/02/2025. Therefore, he prays for grant of bail to the applicant on the ground of parity.

4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case and there is no previous criminal antecedent against the present applicant.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Taking into consideration the facts and circumstances of the case, also considering the fact that co-accused person namely Sanjay Jaiswal has been granted regular bail by this Court vide MCRC No.3462/2025 on 05/05/2025, there is no previous criminal antecedent against the present applicant, charge sheet has been filed, period of detention of the applicant since 04/02/2025 and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity.

7. Let the Applicant-Rajesh Jaiswal, involved in Crime No.148/2025 registered at Police Station Supela, District- Durg (C.G.) for the offence punishable under Sections 318(4), 61(2), 111(3) of B.N.S, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfa