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2026 DAILYLAW 17357 (CHH)

MAYANK YADAV @ CHEEKU v. STATE OF CHHATTISGARH

MCRC/1691/2026 · 2026-02-18

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Judgment text

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1 2026:CGHC:8841 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1691 of 2026 Mayank Yadav @ Cheeku S/o Shri Mohan Yadav Aged About 20 Years R/o Kotra Raod, Rajiv Nagar, Gali No. 1, P.S. Kotwali, Tehsil And Distt. (Revenue And Civil) Raigarh, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, P.S. Kotwali, Distt. Raigarh, Chhattisgarh. ... Non-applicant For Applicant : Mr. Yogesh Chandra Pandey, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.02.2026 1. This is the first bail application filed 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. 456/2025 registered at Police Station Kotwali, District Raigarh (C.G.), for the offences punishable under Sections 127(2), 191(2), 191(3), 296, 331(6), 324(4), 117(3), 351(2), 115(2) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that on the date of the incident, i.e., on 05.09.2025, the complainant, Shatrughan Mahant, lodged an oral report stating that after having dinner on 05.09.2025, he went to sleep. At about ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.19 17:36:04 +0530 2 12:30 a.m. in the late night of 06.09.2025, some boys from Rajiv Nagar, Dhangerdeepa, and Vikas Nagar started fighting amongst themselves over certain issues. Out of fear, the complainant did not open the door. Thereafter, certain persons, namely Teju Yadav, Deepak Netam, Bittu Nishad, and Lucky Nishad, allegedly entered the complainant’s house and started assaulting him with hands, fists, sticks, and iron rods. Due to the said quarrel and assault, the complainant sustained injuries on his left hand and leg. The complainant’s aunt also sustained an injury to her eye due to stone pelting. On the basis of the aforesaid report, the police registered an offence under Sections 127(2), 191(2), 191(3), 296, 331(6), 324(4), 117(3), 351(2), 115(2) of the B.N.S., 2023, and after completion of the investigation, filed the charge-sheet before the competent authority. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the aforesaid case. He further submits that the other co-accused, namely Jaiki Chauhan, has already been granted regular bail by this Court vide order dated 19.01.2026 passed in MCRC No. 670 of 2026. The case of the present applicant is similar to that of the said co-accused, therefore, the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case as the co-accused person, namely, Jaiki Chauhan, has already been granted 3 regular bail by this Court vide order dated 19.01.2026 passed in MCRC No. 670 of 2026, moreover, the fact that the charge - sheet has already been submitted in the present case before the competent Court and he has been in jail since 12.10.2025, conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Mayank Yadav @ Cheeku, involved in Crime No. 456/2025 registered at Police Station Kotwali, District Raigarh (C.G.), for the offences punishable under Sections 127(2), 191(2), 191(3), 296, 331(6), 324(4), 117(3), 351(2), 115(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his 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 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 sufÏcient 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 4 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 sufÏcient 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. OfÏce 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 Abhishek