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2026 DAILYLAW 11811 (CHH)

DINESH SINGH v. STATE OF CHHATTISGARH

MCRC/789/2026 · 2026-01-21

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Judgment text

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1 2026:CGHC:3929 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 789 of 2026 Dinesh Singh S/o Heeralal Aged About 25 Years R/o Village Kumda Basti, P.S. Bishrampur, District Surajpur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Bishrampur, District Surajpur Chhattisgarh ...Non-applicant For Applicant : Ms. Kaushalya Yadav, Advocate. For Non-applicant/State : Ms. Nupur Trivedi, Panel lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 22.01.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 167/2025 registered at Police Station - Bishrampur District – Surajpur (C.G.), for the offences punishable under Sections 331(4),305(e) 112(2) of the BNS. 2. The prosecution story in brief is that on the night between 1:00 pm to VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.23 11:29:13 +0530 2 2:00 pm on 16.07.2025 thieves broke into the mine and stole 160 miters of copper wire worth Rs. 50,000/- based on the evidence found a case has been registered against the accused. In the presence of witnesses, separate memorandum statement was recovered from each accused under section 23 of BSA. Upon their confession of guilt the stolen cable wire, valued at 160 miters, totaling Rs. 50,000/-was recovered from the applicant/ accused on separate date 12.10.2025. Charge Sheet was presented before the concerned court. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. The applicant has not committed any offence punishable under Sections 331(4), 305(e), and 112(2) of the Bharatiya Nyaya Sanhita. No incriminating article connected with the alleged offence has been seized from the possession of the applicant. The place of seizure, as reflected in the record, falls within the SECL area, which clearly indicates that the applicant has been falsely implicated by the police. The applicant has been in judicial custody since 12.10.2025, is a young man aged about 25 years, and the charge-sheet has already been filed. The applicant is a permanent resident as mentioned in the cause title, owns movable and immovable properties, and there is no likelihood of his absconding or tampering with the prosecution witnesses. The applicant is ready and willing to furnish adequate surety and shall abide by all the terms and conditions that may be imposed by this Hon’ble Court. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has 3 already been filed in the present case and that the applicant has one previous criminal antecedent, therefore, he is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and further taking into account that the charge-sheet has already been submitted before the competent Court and the applicant has remained in judicial custody since 12.10.2025, and the conclusion of the trial is likely to take some time, this Court is inclined to grant regular bail to the present applicant. 7. Let the Applicant –Dinesh Singh, involved in Crime No. 167/2025 registered at Police Station - Bishrampur District – Surajpur (C.G.), for the offences punishable under Sections 331(4),305(e) 112(2) of the BNS, be released on bail on his furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and 4 the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav