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2026 DAILYLAW 1580 (CHH)

HARMEET SINGH @ Mita v. STATE OF CHHATTISGARH

MCRC/285/2026 · 2026-01-27

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Judgment text

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1 2026:CGHC:4779 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 285 of 2026 Harmeet Singh @ Mita S/o - Surjeet Singh Aged About 28 Years R/o - Near Gyan Bharti School, Hirapur, Kabir Nagar, District - Raipur, C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Purani Bhilai, District - Durg (C.G.) ... Respondent For Applicant : Shri Abhyuday Tripathi, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/01/2026 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.335/2025 registered at Police Station Purani Bhilai, District - Durg (C.G.) for the offence punishable under Sections 309(5), 351(2), 111, 312, 61 (2) & 3(5) of Bhartiya Nyaya Sanhita, 2023 and Section 25 & 27 of the Arms Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.29 16:56:11 +0530 2 2. Case of the prosecution, in brief, as projected in the First Information Report and the charge-sheet, is that an alleged incident of robbery was committed by certain unknown persons, allegedly in furtherance of common intention, wherein the complainant was allegedly threatened and an attempt was made to commit robbery. First Information Report as well as the written complaint were lodged against unknown persons. The present applicant has been implicated in Crime No. 335/2025 registered at Police Station Purani Bhilai, District Durg (Chhattisgarh), for the alleged offences under Sections 309(5), 351(2), 111, 312, 3(5), 61(2) of the Bharatiya Nyaya Sanhita and Sections 25 and 27 of the Arms Act. The applicant was arrested on 03.11.2025. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated and has no role whatsoever in the alleged offence. The FIR was lodged against unknown persons and the name of the present applicant does not find mention therein. He would submit that neither the FIR nor the charge-sheet contains any description, identification marks, or legally admissible material connecting the applicant with the alleged incident. He would submit that there is no direct or circumstantial evidence to establish the presence of the applicant at the place of occurrence or his participation in the alleged offence. No recovery of any incriminating article, weapon, money, or stolen property has been made from the applicant, nor is there any material linking him to the alleged motorcycle used in the offence. He would submit that the charge sheet has been filed in this case, applicant is in jail since 3/11/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. She would submit that Rs.3500/- and knife has been recovered from the possession of the applicant, therefore he is not entitled to be released on 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 of allegation levelled against the applicant, period of detention of the applicant since 3/11/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Harmeet Singh @ Mita, involved in Crime No.335/2025 registered at Police Station Purani Bhilai, District - Durg (C.G.) for the offence punishable under Sections 309(5), 351(2), 111, 312, 61 (2) & 3(5) of Bhartiya Nyaya Sanhita, 2023 and Section 25 & 27 of the Arms Act, 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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri