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2026 DAILYLAW 13393 (CHH)

PANKAJ MARAVI v. STATE OF CHHATTISGARH

MCRC/9757/2025 · 2026-01-04

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Judgment text

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1 2026:CGHC:391 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9757 of 2025 • Pankaj Maravi S/o Ramesh Maravi Aged About 30 Years R/o Village Dola, Tahsil Kotma District Anuppur (M.P.) ... Applicant versus • State of Chhattisgarh Through TI, Police Station Gaurela, District Gaurela-Pendra-Marwahi Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Avadh Mishra, Advocate For Respondent/State : MS. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 49/2025, registered at Police Station – Gaurela, District – Gaurela- Pendra-Marwahi (C.G.) for the offence punishable under Sections 331(4), 305(A), 317(2), 112(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the present applicant with the help of other four co-accused committed theft of several jewelry and ornaments to the tune of Rs.99,000/- by breaking the lock of VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.09 15:54:45 +0530 2 dwelling house of complainant at night. The applicant has been arrested on the basis of his memorandum statement. On the complaint, prima facie the present crime was registered by the police against the unknown person. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are total four criminal antecedents registered against the present applicant, and all are explained in detailed at paragraph 4(a) in the bail application. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 22.07.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. Learned State counsel opposes the bail application and submits that applicant is resident of the State of Madhya Pradesh and there are four criminal antecedents registered against the present applicant, and all are still pending for their conclusion and the charge-sheet has been filed in this case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and, charge-sheet has been filed against the applicant, the applicant is in jail since 22.07.2025, and conclusion of the trial is likely to take some time, looking to detention period of the applicant I am inclined to allow this application. 7. Let applicant, Panakj Maravi involved in Crime No.49/2025, 3 registered at Police Station – Gaurela, District – Gaurela-Pendra- Marwahi (C.G.) for the offence punishable under Sections 331(4), 305(A), 317(2), 112(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), be released on bail on his furnishing a 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 him 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 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. 4 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 vaishali