Rajesh Sharma @ Rajesh Bhanot @ Bhagat Deghraj Vs State of Chhattisgarh

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2026:CGHC:3011

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 661 of 2026

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1 - Rajesh Sharma @ Rajesh Bhanot @ Bhagat Deghraj S/o Late Satyanarayan Sharma @ Sambhu Narayan Sharma Aged About 61 Years R/o 192 B, Samta Colony, Raipur, District : Raipur, Chhattisgarh

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... Applicant

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versus

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1 - State of Chhattisgarh Through Station House Officer, Police Station Saraswati Nagar, District : Raipur, Chhattisgarh

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... Respondent(s)

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For Applicant	: Mr. Virendra Kashyap, Advocate
For Respondent(s)/State	: Mr. Amiya Bhushan, P.L.

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Hon'ble Smt. Justice Rajani Dubey

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Order on Board

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19/01/2026

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The applicant has preferred this Third bail application under Section 483 of BNSS for grant of regular bail as he is arrested in connection with Crime No.70/2011, registered at Police Station – Gobra Nawapara, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 420, 409, 467, 468, 471 and 120B of IPC.

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The applicant had earlier preferred his first bail application, which was dismissed as withdrawn and subsequently filed a second bail application that was rejected by this Court.

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The prosecution case, in brief, is that the applicant, while being associated with Dolphin International School, collected an amount of approximately Rs.2.5 Crores from the parents of about 530 students under the guise of a so-called “Voluntary Deposit Scheme” , assuring them that educational facilities would be provided to their wards up to Class XII. It is alleged that thereafter, the institution was abruptly closed. The prosecution further alleges that the applicant, in conspiracy with other co-accused, forged documents relating to the registration of the society managing the school and in furtherance thereof, committed offences punishable under Sections 420, 467, 468, 471, 409 and 120B of the Indian Penal Code. The applicant was taken into custody on 13.09.2017.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that out of a total of 313 prosecution witnesses, only 63 witnesses have been examined till date and the examination of the remaining witnesses is likely to take a considerable period of time. The delay in the progress of the trial is not attributable to the applicant. Learned counsel further contends that the applicant has been in judicial custody since 13.09.2017, i.e., for more than eight years which amounts to prolonged pre-trial incarceration. It is also submitted that the charge-sheet has already been filed and that the conclusion of the trial is not likely in the near future. In view of the aforesaid

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circumstances, it is prayed that the applicant be extended the benefit of regular bail.

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On the other hand, learned counsel for the State opposed the bail application.

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I have heard learned counsel for the parties and perused the material available on record.

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Having considered the submissions advanced by learned counsel for the parties and upon perusal of the material available on record, it is evident that the applicant has been in judicial custody since 13.09.2017, i.e., for more than eight years. The charge-sheet has already been filed and the trial is in progress. Out of 313 prosecution witnesses, only 63 witnesses have been examined till date and the examination of the remaining witnesses is likely to take a considerable period of time. The delay in the conclusion of the trial cannot be attributed to the applicant. Thus, without commenting on the merits of the case and taking into consideration the prolonged pre-trial incarceration of the applicant, the stage of the trial, and the likelihood of further delay in its conclusion, this Court is of the opinion that the applicant has made out a case for grant of regular bail.

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Accordingly, the third bail application filed by the applicant under Section 483 of the BNSS is allowed. The applicant shall be released on regular bail in connection with Crime No. 70/2011, registered at Police Station Gobra Nawapara, Raipur, District Raipur (C.G.), upon furnishing a personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court.

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