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2026:CGHC:22943

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRMP No. 1416 of 2026

Smt. Jyoti Mishra W/o Hanuman Mishra Aged About 40 Years R/o- Near Durga

Mandir Tulsi Nagar Kushalpur P.S. Purani Basti District- Raipur C.G.

... Applicant

versus

State of Chhattisgarh Through- Station House Officer, P.S Cyber Thana Range,

District- Raipur C.G.

... Non-applicant

For Applicant : Mr. Vimal Pathak, Advocate.

For Non-applicant/State : Mr. Nitansh Jaiswal, Deputy Government Advocate.

Digitally

signed by Hon'ble Shri Ramesh Sinha , Chief Justice

PREETI

PREETI KUMARI Order on Board

KUMARI Date:

2026.05.15

11:04:29

+0530

14.05.2026

1. This is an office reference.

2. Taking into consideration the fact that the earlier bail applications of

the present applicant was 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 whereby co-

accused Ishika Singh was enlarged on bail, this Court had granted bail to

the applicant vide order dated 06.05.2026 passed in MCRC No.

4216/2026. However, it has now been brought to the notice of this Court

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that after rejection of the earlier bail application, the present applicant had

also approached the Hon’ble Supreme Court by filing SLP (Crl.)

No.223/2026, 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 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

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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

was not aware of the said fact was not informed by the applicant. The

learned counsel has tendered his unconditional oral apology before this

Court.

6. In view of the above, this Court is of the considered opinion that

since the applicant himself had approached the Hon’ble Supreme Court

and his bail application stood rejected therein, the said fact was a material

circumstance which ought to have been specifically disclosed before this

Court, nevertheless, in view of the oral unconditional apology tendered by

learned counsel for the applicant, this Court is not inclined to initiate any

separate proceedings against the said counsel.

7. From perusal of the order dated 02.04.2026 passed by the Hon’ble

Supreme Court in SLP (Crl.) No.166/2026 and connec