Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:130
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9205 of 2025 Jitendra Kumar Dinkar S/o Shri Badriprasad Dinkar Aged About 25 Years R/o Village Putpura, Police Station Janjgir, District Janjgir Champa (C.G.)
... Applicant versus State of Chhattisgarh Through O1cer-In-Charge, Police Station - Janjgir, District Janjgir-Champa (C.G.)
... Non-applicant For Applicant : Mr. Sameer Behar along Mr. Ramesh Nayak, Advocates. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.01.2026
1. This is the ;rst bail application ;led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 907/2025 registered at Police Station – Janjgir, District Janjgir-Champa (C.G.) oAence under Sections 331(4)(5), 305(A), 310(4), 312, 296, 351(2), 3(5) of the Bhartiya Nyay Sanhita, 2023 and Section 25 of the Arms Act. 2. As per the prosecution story, the informant Rahul Agrawal submitted a written report stating that on 04.10.2025 at about 8:00 P.M., he closed his shop, which is situated adjacent to his residence. At around 2:00 ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.01.05 16:39:43 +0530
2 A.M., he heard the sound of the shop’s shutter being opened. Thereafter, along with his father, Chaganlal Agrawal, he came outside and saw three persons attempting to break the lock of the shop. Upon being shouted at by the complainant and his father, the said persons Ded from the spot. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the applicant is a staunch worker and District President of NSUI, which is the student wing of the Indian National Congress Party, and is deeply associated with the Congress MLA, Shri Vyas Kashyap. Due to this political association, the applicant has been falsely implicated in the present case. He further submits that the applicant has been arrested by the Janjgir Police solely on the basis of the memorandum statement of the co-accused, Manish Kumar, only to facilitate political rivalry against the applicant. He submits that the applicant has only one criminal antecedent under the IPC, which is a pending trial. He further submits that the applicant has been in jail since 05.10.2025 and that the conclusion of the trial may take considerable time.
Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submit that the charge-sheet has been ;led in the present 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 and the fact that the name of the present applicant come into light on the basis of the memorandum statement of the other co-accused, namely, Manish Kumar, further the applicant has only one criminal antecedent
3 under the IPC, which is a pending trial, the charge-sheet has been ;led before the competent Court and the present applicant has been in jail since 05.10.2025, conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Jitendra Kumar Dinkar, involved in Crime No. 907/2025 registered at Police Station – Janjgir, District Janjgir-Champa (C.G.) oAence under Sections 331(4)(5), 305(A), 310(4), 312, 296, 351(2), 3(5) of the Bhartiya Nyay Sanhita, 2023 and Section 25 of the Arms Act, be released on bail on her 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 ;le an undertaking to the eAect that she shall not seek any adjournment on the dates ;xed 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 ;xed, either personally or through her counsel.
In case of her absence, without su1cient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date
4 ;xed in such proclamation, then, the trial court shall initiate proceedings against her, 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 ;xed 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 su1cient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. O1ce is directed to send a certi;ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. -
Sd/-
(Ramesh Sinha)
Chief Justice Abhishek