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2026 DAILYLAW 18379 (CHH)

BHANU VERMA v. STATE OF CHHATTISGARH

MCRC/2193/2026 · 2026-03-23

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Judgment text

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1 2026:CGHC:14128 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2193 of 2026 Bhanu Verma S/o Shri Santosh Verma Aged About 19 Years R/o Village- Arjuni, P.S. Bhatapara (Gramin), Distt.- Balodabazar-Bhatapara (C.G.)(Age Wrongly Mentioned In Order Sheet, Correct Mentioned In Cause Title) ... Applicant versus State Of Chhattisgarh Through Police Station - Bhatapara (Gramin), Distt.- Balodabazar-Bhatapara (C.G.) ...Non-applicant For Applicant : Mr. Kshitij Sharma, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Dy. G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 24.03.2026 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. 90/2025 registered at Police Station - Bhatapara (Gramin), District.- Balodabazar-Bhatapara (C.G.), for the offences punishable under Sections 303(2), 112(2), and 3(5) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.03.25 12:44:22 +0530 2 2. The case of the prosecution, in brief, is that on 06.02.2025 a written complaint was made by one Lah Ram Sahu, that on 03.02.2025 at about 06:00am he went to his agriculture field in his motorcycle having registration No. CG04-DG-8452 and had parked the vehicle in roadside and went to his field, but when he came back his bike was stolen, and an FIR was lodged against Unknown person. Upon investigation, after passing of few months, four persons including the present applicant were arrested and on being interrogated, and a memorandum was recorded in which, it was found that along with co- accused persons, the applicant was involved in a motorcycle theft syndicate. It is further alleged that 16 motorcycles were recovered from memorandum statements. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, and that no contraband liquor was recovered from his exclusive possession. It is submitted that the allegation of involvement in a motorcycle theft syndicate and recovery of 16 motorcycles is wholly false and based merely on the memorandum statements of co-accused persons, which are unreliable and allegedly obtained under coercion. No incriminating material, document or stolen vehicle has been recovered from the possession of the applicant, and his implication is solely on the basis of suspicion and his alleged presence at the time of arrest of other accused persons. The entire case of the prosecution is based on conjectures and manipulations, without any direct evidence linking the applicant to the alleged offence. The applicant is a young person aged about 19 years and has no previous criminal antecedents. Therefore, it is most humbly submitted that the applicant deserves to be released 3 on bail. 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 filed in the present case and that the applicant has one previous criminal antecedent, therefore, he is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and further taking into account that the charge-sheet has already been submitted before the competent Court and the applicant has remained in jail since 06.12.2025, and the conclusion of the trial is likely to take some time, this Court is inclined to grant regular bail to the present applicant. 7. Let the Applicant – Bhanu Verma, involved in Crime No. 90/2025 registered at Police Station - Bhatapara (Gramin), District.- Balodabazar-Bhatapara (C.G.), for the offences punishable under Sections 303(2), 112(2), and 3(5) of the BNS, be released on bail on his furnishing personal bond with two local 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. 4 (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 his 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav