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Digitally 2026:CGHC:22950

signed by

ABHISHEK

ABHISHEK SHRIVAS

SHRIVAS Date:

2026.05.15 NAFR

11:08:23

+0530

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRMP No. 1409 of 2026

Ritik Sharma S/o Anil Sharma Aged About 25 Years R/o Bajrang Chowk, Ward

No. 12, Tilda, District Raipur (C.G.)

... Applicant

versus

State of Chhattisgarh Through Station House OfÏcer, Police Station- Cyber

Police Station Range/ Civil Line, Raipur, District- Raipur (C.G.)

... Non-applicant

For Applicant : Mr. Ankush Borkar and Mr. Veer Verma,

Advocates

For Non-Applicant/State : Ms. Vaishali Mahilong and Mr. Nitansh Jaiswal,

Dy. Govt. Advocates.

Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

14.05.2026

1. This is an office reference.

2. Taking into consideration the fact that the first bail application of

the present applicant was earlier rejected on merits and thereafter the

applicant preferred a subsequent bail application before this Court

claiming parity with other co-accused persons, particularly on the basis

of the order dated 13.10.2025 passed by the Hon’ble Supreme Court in

Criminal Appeal No. 4494/2025 arising out of SLP (Crl.) No.13678/2025

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whereby co-accused Ishika Singh was enlarged on bail, this Court had

granted bail to the applicant vide order dated 04.05.2026 passed in

MCRC No. 4094/2026. However, it has now been brought to the notice

of this Court that after rejection of the first bail application, the present

applicant had also approached the Hon’ble Supreme Court by filing SLP

(Crl.) No. 21342/2025, which was heard along with a batch of

connected matters, the leading case being Sahil Jethwani vs. State of

Chhattisgarh in SLP (Crl.) No.166/2026, and the Hon’ble Supreme

Court, vide common order dated 02.04.2026 rejected the bail

applications of the similarly situated co-accused persons including the

present applicant, while directing the concerned trial Court to expedite

and conclude the trial preferably within a period of three months from

the date of the said order.

3. Further considering the fact that while preferring the subsequent

bail application before this Court, neither the aforesaid order dated

02.04.2026 passed by the Hon’ble Supreme Court rejecting the bail

application of the present applicant and other similarly situated co-

accused persons was annexed nor any averment regarding the same

was made in the application and further no submissions in this regard

was advanced, it appears that the material fact relating to rejection of

the applicant’s bail application by the Hon’ble Supreme Court was

intentionally suppressed from this Court while seeking parity with other

co-accused persons.

4. The said suppression of material fact had the effect of misleading

this Court while exercising discretionary jurisdiction under Section 483

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of the BNSS and the order granting bail appears to have been obtained

by playing fraud upon the Court. It is well settled that a litigant

approaching the Court is under a bounden duty to disclose all material

and relevant facts necessary for proper adjudication of the matter.

5. Upon a pointed query being put by this Court to the learned

counsel appearing for the applicant, as to why the fact regarding

passing of the order dated 02.04.2026 by the Hon’ble Supreme Court

was not disclosed before this Court while seeking parity, learned

counsel submitted that he had annexed a copy of the order dated

02.04.2026 passed by the Apex Court by which the SLP preferred by

the applicant alongwith other co-accused persons, challenging the

rejection of their bail application and other co-accused persons, was

rejected.

6. The applicant, in M.Cr.C.No. 4094/2026, has claimed parity on the

ground that Hon’ble the Apex Court had granted bail to the co-accused

Ishika Singh in Criminal Appeal No. 4494/2025, {SLP (Crl.) No.

13678/2025, dated 13.10.2025} and the said bail application was listed

before this Court for orders on default. While curing the defect pointed

out by the office, the applicant had corrected the date of the order

(Annexure A/4) annexed with the b