ABHISHEK PRADHAN ALIAS CHHOTE NANKI v. STATE OF CHHATTISGARH
MCRC/3201/2026 · 2026-05-04
Transfer Petitionbody2026
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[ 2026 DAILYLAW 12779 (CHH) · dailylaw.ai ]
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[ 2026 DAILYLAW 12779 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:21017
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3201 of 2026 Abhishek Pradhan Alias Chhote Nanki S/o Premlal Pradhan, Aged About 23 Years R/o Ward No. 9, Muktaraja Baradwar, District- Sakti Presently Living In Dodhipara, Korba, Tehsil And District- Korba (C.G.)
... Applicant versus State of Chhattisgarh Through The Station House Officer, Outpost CSEB, Police Station Civil Line, Rampur, District- Korba (C.G.)
... Non-Applicant For Applicant : Mr. Harshmander Rastogi, Advocate. For Non-Applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 05.05.2026
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. 710/2025 registered at Outpost - CSEB, Police Station - Civil Line, Rampur, District- Korba (C.G.), for the offences punishable under Sections 310(2), 126(2), 115(2), 351(3), 338, 308(2), 111(2)(b) of Bharatiya Nyaya Sanhita, 2023.
2. As per the prosecution story, the complainant, Maheshwar Sahu, was proceeding towards the Municipal Corporation office at TP Nagar on his bicycle on 10.11.2025 at about 10:40 PM, in connection with work assigned by his younger brother, Parmeshwar Sahu. When he reached near the Dhodhipara Welcome Gate, he was allegedly intercepted by 4–5 PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.06 16:55:43 +0530
2 unknown boys, who appeared to be under the influence of intoxicants. They allegedly stopped him, dragged him towards the railway line, abused him in filthy language, and threatened him with dire consequences, including death. The said persons allegedly assaulted the complainant with fists and a bucket, forcibly took away his Vivo mobile phone after unlocking it, searched his clothes, and removed cash from his possession. Thereafter, they left him at the spot, instructing him to remain seated. As a result of the assault, the complainant sustained injuries on his left cheek, nose, and head. On the basis of his report, the CSEB Police Outpost, Police Station Civil Lines, Rampur, registered an FIR against unknown persons on 12.11.2025 under the relevant provisions of law. During the course of investigation, the present applicant came to be arrested in connection with the aforesaid offence, and upon completion of investigation, a charge sheet has been filed before the competent Court.
3.
Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the aforesaid case. It is further submitted that the FIR has been lodged against unknown persons and there is no specific allegation or identification of the present applicant in the initial version of the prosecution. It is further submitted that another co-accused, namely Deepanshu Kumar Rathore, has already been granted bail by this Court vide order dated 11.03.2026 passed in MCRC No. 617/2026. Further, the charge-sheet has been filed, the applicant has two previous criminal antecedents, the same has been explained in paragraph No. 4A of this bail application and he has been in custody since 06.02.2026. Therefore, it is submitted that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case but
3 she could not dispute the fact that the co-accused has already been granted bail by this Court. Further, the applicant has two previous criminal antecedents, the same has been explained in paragraph No. 4A of this bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegations and the material available on record, the fact that another co-accused, namely Deepanshu Kumar Rathore, has already been granted bail by this Court vide order dated 11.03.2026 passed in MCRC No. 617/2026, further, the charge-sheet has been filed, the applicant has two previous criminal antecedents, the same has been explained in paragraph No. 4A of this bail application and he has been in custody since 06.02.2026, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the bail application is allowed.
7. Accordingly, the bail application is allowed. Let the Applicant – Abhishek Pradhan Alias Chhote Nanki, involved in Crime No. 710/2025 registered at Outpost - CSEB, Police Station - Civil Line, Rampur, District- Korba (C.G.), for the offences punishable under Sections 310(2), 126(2), 115(2), 351(3), 338, 308(2), 111(2)(b) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing personal bond with two 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 she 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
4 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, 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 her 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 Preeti