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2026 DAILYLAW 13888 (CHH)

JITENDRA YADAV v. STATE OF CHHATTISGARH

MCRC/1903/2026 · 2026-02-23

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Judgment text

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1 2026:CGHC:9488 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1903 of 2026 1 - Jitendra Yadav S/o Late Ajit Ram Yadav Aged About 38 Years R/o House No. L.I.G. 04, Dindayal Colony, Mangala P.S. Civil Line Teh. Bilaspur District- Bilaspur (C.G.) 2 - Ram Prasad Yadav S/o Late Anjori Lal Yadav Aged About 65 Years R/o Podi P.S. Sakari Teh. Sakari District- Bilaspur (C.G.) ... Applicants versus 1 - State of Chhattisgarh Through Station House Officer, . Civil Line Bilaspur District- Bilaspur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Shivang Dubey, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.02.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.14/2026, registered at Police Station – Civil Line, District – Bilaspur (C.G.) for the offence punishable under Sections 318(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the Complainant has registered a VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.26 10:37:17 +0530 2 complaint with Civil Line Police Station Bilaspur which is registered as FIR no. 14/2025) It is shown from the examination of the original record of the trial court that on 03-01- 2026, at Police Station Civil Lines, Bilaspur Chhattisgarh, by the accused. He appeared before the court and lodged a report to the effect that on 10-03-2025, he had come to Sims Hospital, Bilaspur for his treatment and after getting the treatment, he went to Nehru Chowk, Bilaspur by auto and from there he was waiting for the City bus in front of the tehsil office to go to his village. Meanwhile, at about 12:30 pm, two unknown persons Come to him on a Motorcycle and told him that his name had appeared in the Pradhan Mantri Awas Yojana and asked him to give them Rs. 6,000 and on giving the money, they would get him the first installment of Rs. 1,50,000 from the Collectorate, Bilaspur. They assured the applicant and brought him in front of the District Court and after taking Rs. 6,000 from him, went inside the Collectorate premises and when they did not come for half an hour, he suspected that he had been cheated by the unknown persons who had come on the motorcycle. On the above report of the applicant, the Civil Lines Police Station, Bilaspur registered a First Information Report under Section 318(4), 3(5) of BNS. Hence, this bail application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have falsely been implicated in this case and there are two criminal antecedents registered against the applicant No.1 and same are mentioned in the bail application. He also informed that today itself another bail application of the present applicants, bearing Crime No.1527/2025 registered in MCRC No. 1888/2026, was heard and allowed on the ground of parity with MCRC No. 585/2026 as per the order dated 23.02.2026 passed by 3 this Court. It is further submitted that the charge-sheet has been filed in this case and the applicant is in jail since 03.01.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail on the applicants. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are two criminal antecedents registered against the applicant No.1 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 the fact that another bail application of the present applicants, bearing Crime No.1527/2025 registered in MCRC No. 1888/2026, was heard and allowed on the ground of parity with MCRC No.585/2026 as per the order dated 23.02.2026 passed by this Court, charge-sheet has been filed against the applicant, the applicant is in jail since 03.01.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this bail application. 7. Let applicant No.1 Jitendra Yadav and Ram Prasad Yadav involved in Crime No.14/2026, registered at Police Station – Civil Line, District – Bilaspur (C.G.) for the offence punishable under Sections 318(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), be released on bail on his furnishing a 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 4 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. 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