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2026 DAILYLAW 156 (CHH)

DINESH SINGH v. STATE OF CHHATTISGARH

MCRC/1316/2026 · 2026-02-04

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Judgment text

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1 2026:CGHC:6559 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1316 of 2026 Dinesh Singh S/o Heeralal Aged About 25 Years R/o Village Kumda Basti, P.S. Bishrampur, District Surajpur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House O.cer, Police Station Bishrampur, District Surajpur (C.G.) ... Non-Applicant For Applicant : Mr. Vikram Singh Vishwakarma, Advocate For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.02.2026 1. This is the 8rst bail application 8led 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. 263/2025 registered at Police Station- Bishrampur, District Surajpur, (C.G.) for the o>ence punishable under Sections 331(4), 305(e) and 112(2) of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that between 11:00 p.m. on 10.10.2025 and 4:00 p.m. on 11.10.2025, unknown thieves entered RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 the mine premises and, after cutting the copper cable wire, committed theft of about 90 meters of cable valued at approximately Rs. 90,000/-. On the basis of material collected during investigation, involvement of the present applicant along with co-accused Sitambar Singh, Ballu Singh, Sanjay Singh and Ravi Agariya was found, whereupon the o>ence was registered and taken up for investigation. During investigation, the spot was inspected, statements of the applicant and co-accused persons were recorded, and on the basis of their memorandum statements recorded under Section 23 of the Bharatiya Sakshya Adhiniyam in the presence of witnesses at Latori Chouki, Police Station Jainagar, a total of 75 meters of stolen copper cable wire valued at about Rs. 75,000/- was recovered from their possession on 12.10.2025. After completion of investigation, charge-sheet has been 8led before the competent Court and the applicant and other co-accused persons have been arrested, Hence, the present bail application has been 8led. 3. Learned counsel for the applicant submits that the applicant has not committed any o>ence and he has been falsely implicated in o>ence in question. He further submits that the present applicant has not committed any o>ence and no recovery is made form the possession of the present applicant. He further submits that similarly situated co-accused, namely, Ravi Agariya has already been granted bail by this Court vide order dated 28.01.2026 in MCRC No. 931/2026. He also submits that the applicant has only one previous criminal antecedent which is pending, and he is in jail 3 since 12.10.2025, the charge-sheet has been 8led and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that the charge-sheet has been 8led before the competent Court, but could not dispute the fact that co-accused has already been granted bail by this Court and the case of the present applicant is identical to that of the co-accused. 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 o>ence, period of detention of the applicant since 12.10.2025, the fact that though the present applicant and other co-accused were committed that said crime, but other co- accused, namely, Ravi Agariya has already been granted bail by this Court vide order dated 28.01.2026 in MCRC No. 931/2026, and the case of present applicant is identical to that of the co-accused person, further the applicant has one criminal antecedent which is pending, the charge-sheet has been 8led in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Dinesh Singh, involved in Crime No. 263/2025 registered at Police Station- Bishrampur, District Surajpur, (C.G.) for the o>ence punishable under Sections 331(4), 305(e) and 4 112(2) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 8le an undertaking to the e>ect that he shall not seek any adjournment on the dates 8xed 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 8xed, either personally or through his counsel. In case of his absence, without su.cient 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 8xed 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 8xed for (i) opening 5 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 su.cient 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. O.ce is directed to provide a certi8ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan