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2026 DAILYLAW 15084 (CHH)

CHAMAN MANIKPURI v. STATE OF CHHATTISGARH

MCRC/136/2026 · 2026-01-07

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Judgment text

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1 2026:CGHC:1290 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 136 of 2026 Chaman Manikpuri S/o Shri Narsingh Aged About 25 Years R/o Plot No. 1745 Vinobabhave Nagar, Nagpur (Maharashtra) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Out Post- Chichola, Police Station - Chhuriya Distt- Rajnandgaon (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rajendra Patel, Advocate. For Respondent(s) : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 193/2025 registered at Police Out Post Chichola, Police Station - Chhuriya Distt- Rajnandgaon (C.G.) for the offence punishable under Section 310(2) of BNS. 2. Case of the prosecution, in brief, is that on 07.08.2025, the complainant had loaded 50 pigs in a Bolero pickup vehicle KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 bearing registration No. MH-55-C-0193 for delivery to Ranjeet Seth of Bilaspur. At about 2:00 a.m., near Chichola, the applicant along with other co-accused persons intercepted the said vehicle and forcibly diverted it towards Dongargarh. It is further alleged that the co-accused persons, travelling in a Scorpio vehicle, forcibly made the driver of the pickup and the complainant’s nephew sit in the Scorpio and kept them roaming for about two hours. During this time, the accused persons allegedly committed robbery by looting 50 pigs and three mobile phones from the pickup vehicle. On the basis of the said report, an FIR was registered against the applicant and other accused persons for committing the aforesaid offence. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that identically situated co- accused, namely, Rahul Dhruve has already been granted bail by this Court vide order dated 26.11.2025 in MCRC No.8504 of 2025. The applicant is in jail since 18.08.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 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. She further submits that the applicant is alleged to have, along with co-accused persons, intercepted Bolero 3 vehicle No. MH-55-C-0193 near Chichola, forcibly diverted it towards Dongargarh, and participated in the robbery of 50 pigs and three mobile phones, while the driver and the complainant’s nephew were unlawfully detained in another vehicle, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 18.08.2025, the fact that though the applicant is alleged to have, along with co-accused persons, intercepted Bolero vehicle No. MH-55-C-0193 near Chichola, forcibly diverted it towards Dongargarh, and participated in the robbery of 50 pigs and three mobile phones, while the driver and the complainant’s nephew were unlawfully detained in another vehicle, but considering the fact that identically situated co-accused, amely, Rahul Dhruve has already been granted bail by this Court vide order dated 26.11.2025 in MCRC No.8504 of 2025, further the applicant has no criminal antecedent and charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Chaman Manikpuri, involved in Crime No. 193/2025 registered at Police Out Post Chichola, Police Station - 4 Chhuriya Distt- Rajnandgaon (C.G.) for the offence punishable under Section 310(2) of 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 5 of liberty of bail and proceed against him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Kunal