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2026 Supreme(Online)(Chh) 8897

HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ
Gautam Dewangan – Appellant
Versus
State of Chhattisgarh – Respondent
MCRC No. 2218 of 2026



Advocates:
For the Appellants/Petitioners: Ashwin Panickar
For the Respondents: Saumya Rai

An accused is entitled to regular bail on the ground of parity if co-accused in an identical situation have already been granted bail, provided the applicant has no previous criminal antecedents and the trial is expected to take time for conclusion.

Headnote:(A) Criminal Procedure - Bail - Parity - Where co-accused with identical roles and circumstances have been granted bail, the applicant is entitled to be released on bail on the ground of parity, especially when there are no previous criminal antecedents and the trial is likely to take time for conclusion. (Para 6)

Issues: Whether the applicant is entitled to regular bail on the ground of parity with co-accused persons.

Order on Board

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. 259/2025 registered at Police Station- Shivrinarayan, District Janjgir-Champa, (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 112(b), 318 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

RAHUL DEWANGAN

2. Case of the prosecution, in brief, is that on the basis of information Digitally signed by RAHUL received from the Cyber Cell, Range Janjgir, Police Station Shivrinarayan registered an F.I.R., and during the course of investigation it was found that a total amount of Rs. 31,49,312/- had been deposited in 16 different bank accounts, thereafter, Police Station Shivrinarayan conducted the investigation and arrested the persons who had opened the said accounts as well as those who had assisted them. Further, on the complaint of the complainant, Police Station Shivrinarayan registered Crime No. 259/2025 for the offences punishable under Sections 111(2)(b), 317(2), 317(4), 317(5) and 3(5) of the B.N.S., and arrested the present applicant on 28.08.2025 on the allegation that he had also opened such account, and after completion of investigation, filed the charge-sheet dated 30.05.2025 against the present applicant along with 15 other co-accused persons. Hence, this bail application.

3. Learned counsel for the applicant submits that the applicant is innocent and has not committed any offence as alleged against him and has been falsely implicated in the present crime. He further submits that similarly situated co-accused persons, namely, Hamlata Sahu @ Hema, Govinda Patel, and Rahul Sahu have already been granted bail by this Hon’ble Court vide orders dated 13.11.2025, 23.01.2026 and 26.02.2026 in MCRC Nos. 7489/2025, 9642/2025 and 1168/2026 respectively. He also submits that the applicant has no previous criminal antecedents and is in jail since 28.08.2025 and so far as the status of the trial is concerned, on 20.02.2026 charges were framed and after framing of charge, out of 07 prosecution witnesses, no prosecution witnesses have been examined in the case, the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant on the ground of parity.

4. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that the charge-sheet has been filed before the competent Court, but could not dispute the fact that co-accused persons have already been granted bail by this Hon’ble Court and the case of the present applicant is identical to that of the co-accused.

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, nature and gravity of offence, the fact that though the present applicant along with other co-accused persons involved in the said crime, but other co-accused persons, namely, Hamlata Sahu @ Hema, Vansh Dewangan, Govinda Patel, and Rahul Sahu have already been granted bail by this Hon’ble Court vide orders dated 13.11.2025, 11.12.2025, 23.01.2026 and 26.02.2026 in MCRC Nos. 7489/2025, 8911/2025, 9642/2025 and 1168/2026 respectively, and the case of present applicant is identical to that of the co-accused persons, further the applicant has no previous criminal antecedents and is in jail since 28.08.2025 and so far as the status of the trial is concerned, on 20.02.2026 charges were framed and after framing of charge, out of 07 prosecution witnesses, no prosecution witnesses have been examined in the case, the charge-sheet has been filed, the conclusion of the trial will take some more time, therefore, this Court is of the considered view that the applicant is entitled to be released on bail in this case on t

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