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2026 DAILYLAW 15431 (CHH)

PURUSHOTTAM SHRIWAS v. STATE OF CHHATTISGARH

MCRC/237/2026 · 2026-01-11

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Judgment text

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1 2026:CGHC:1654 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 237 of 2026 Purushottam Shriwas S/o Manish Shriwas Aged About 19 Years R/o Village- Kodapara, Baramkela, Police Station And Tahsil Baramkela, District : Sarangarh-Bilaigarh, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through – Station House Officer, Police Station- Sarangarh, District – Sarangarh-Bilaigarh, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Abhishek Saraf, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.01.2026 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. 576/2025, registered at Police Station – Sarangarh, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 310(2) of the BNS. 2. The case of the prosecution, is that on 31-10-2025 Complainant Khirod Shah lodged written complaint against unknown persons alleging that, on 24-10-2025 at about 07:00, Purushottam Shrivas and complainant both were in a car and near Banjari temple they met 6 unknown RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 masked men who had covered their faces with a cloth and stopped us by giving us a knife and snatched my silver bracelet and silver ring and my mobile VIVO V18I which had Jio SIM 9777373282 and broke the indicator and lock guard of the car and separated us and assaulted them and started demanding money and looted Rs. 600/- cash and took him to the top of the hill and started threatening to throw me from there if I did not give the money. We both did not have any cash and I had Rs. 84,000/- kept in my phone. I was asked to deposit the money on Purushottam Shrivas's phone number 8269339085. Due to threats and threats, I deposited the money out of fear and the unknown persons asked me to ask for more money from my family members, on which out of fear I got my father Hari Sah to deposit Rs. 10,000/- through phone and deposited it on Purushottam Shrivas's phone number as well and the unknown persons took Purushottam Shrivas with them and the money was withdrawn, on the basis of the crime such offence was registered. Hence, this application. 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 is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case and the co-accused persons have been granted bail by this Court vide orders dated 11.12.2025, 07.01.2026 and 07.01.2026 passed in MCRC Nos. 10195/2025, 10442/2025 and 140/2026. The applicant is in jail since 01.11.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail 3 application and submits that the charge-sheet has been filed in this case, and the applicant is not entitled for grant of bail. 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 there is no criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant and the co-accused persons have been granted bail by this Court vide orders dated 11.12.2025, 07.01.2026 and 07.01.2026 passed in MCRC Nos. 10195/2025, 10442/2025 and 140/2026, the applicant is in jail since 01.11.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Purushottam Shriwas, involved in Crime No. 576/2025, registered at Police Station – Sarangarh, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 310(2) of the 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 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 4 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 Rajshekhar