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2026 DAILYLAW 13881 (CHH)

NEEL KUMAR v. STATE OF CHHATTISGARH

CRMP/464/2026 · 2026-02-09

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:7410 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 464 of 2026 1 - Neel Kumar S/o Mohit, Aged About 29 Years R/o Village Bandha, Police Station And Tahsil Takhatpur, District Bilaspur C.G. 2 - Dileep Kumar S/o Mohit, Aged About 42 Years R/o Village Bandha, Police Station And Tahsil Takhatpur, District Bilaspur C.G. 3 - Devkumar S/o Dileep, Aged About 19 Years R/o Village Bandha, Police Station And Tahsil Takhatpur, District Bilaspur C.G. 4 - Rajkumar, S/o Dileep, Aged About 23 Years R/o Village Bandha, Police Station And Tahsil Takhatpur, District Bilaspur C.G. ... Applicants versus 1 - State of Chhattisgarh Through Station House Officer, Police Station- Lormi, District Mungeli C.G. ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Chandrakaditya Pandey, Advocate For Respondent/State : Mr. Soumyan Rai, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.02.2026 1. Heard Mr. Chandrakaditya Pandey, learned counsel for the petitioners. Also heard Mr. Soumya Rai, learned Deputy G.A., appearing for the respondent/State. 2. Learned counsel for the applicant submitted that the bail application bearing MCRC No. 1371 of 2026 was moved on behalf of the petitioners, the same was allowed by this Court vide order dated VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.11 11:07:12 +0530 2 06.02.2026, but due to inadvertence conditions of anticipatory bail has wrongly been mentioned in place of conditions of regular bail in paragraph No.07, which needs to be corrected accordingly. 3. From perusal of the order sought to be modified, it appears that there are certain mistakes in para 07 of the aforesaid order, which needs to be modified, hence para 07 of the order dated 06.02.2026 passed in MCRC No. 1371/2026 be modified and reads as under: “7. Let applicant No.1 Neel Kumar, applicant No.2 Dileep Kumar, applicant No.3 Devkumar and applicant No.4 Rajkumar involved in Crime No.586/2025, registered at Police Station – Lormi, District – Mungeli (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 333, 191(3), 190, 118(1), 324(5) and 109 of Bhartiya Nyay Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants 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 applicants 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 applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under 3 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 applicants 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.” 4. With the aforesaid modification, the instant CRMP is hereby Allowed. 5. A copy of this order be placed along with the records of MCRC No.1371/2026. Sd/- (Ramesh Sinha) Chief Justice vaishali