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2026 DAILYLAW 16158 (CHH)

HRIDAY DEWANGAN v. STATE OF CHHATTISGARH

MCRC/1070/2026 · 2026-02-01

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Judgment text

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1 2026:CGHC:5800 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1070 of 2026 Hriday Dewangan S/o Kartik Dewangan Aged About 50 Years R/o Bhawarpur, P.S. Basna, District Mahasamund C.G. ...Applicant versus State Of Chhattisgarh Through S.H.O., P.S. Chakradhar Nagar, District Raigarh C.G. ... Respondent For Applicant : Shri Ankit Singh, Advocate. For Respondent/State : Shri Shaleen Singh Baghel, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/02/2026 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.102/2025 registered at Police Station Chakradhar Nagar Raigarh (C.G) for the offence punishable under Sections 303(2), 112(2), 317(2), 317(4) of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.03 14:33:18 +0530 2 2. Case of the prosecution, in brief, is that the complainant, namely Vishal Dewangan, lodged a report stating that on 25.02.2025 he had parked his motorcycle bearing Registration No. CG-22-R7874 outside his house during the night. However, on the following morning, he found that the said motorcycle was missing and that some unknown person had taken it away. Accordingly, the complainant lodged the FIR at the concerned Police Station then after investigation a total of 07 motorcycles have been seized from the possession of the applicant/accused. 3. Learned counsel for the applicant submitted that 5 motorcycles were recovered from the applicant. It is stated that the applicant when was arrested 14 cases were slapped on him. It is stated that only on the basis of memorandum statement, all the cases were slapped on him and in all the 14 cases of the year 2025 applicant has been acquitted and he has annexed the copy of judgement of all the cases and states that in the earlier case the applicant was arrested way back on 4/04/2025 and so far as the present case is concerned, he was arrested on 12/12/2025. He would submit that the charge sheet has been filed in this case and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. 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, 3 submission of learned counsel for the parties, considering the nature of allegation levelled against the applicant, further the fact that applicant when was arrested 14 cases were slapped on him and only on the basis of memorandum statement, all the cases were slapped on him and in all the 14 cases of the year 2025 applicant has been acquitted, further the fact that in the earlier case the applicant was arrested way back on 4/04/2025 and so far as the present case is concerned, he was arrested on 12/12/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Hriday Dewangan, involved in Crime No.102/2025 registered at Police Station Chakradhar Nagar Raigarh (C.G) for the offence punishable under Sections 303(2), 112(2), 317(2), 317(4) of 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 his counsel. In case of his absence, without sufficient cause, the trial court may 4 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