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2026 DAILYLAW 18902 (CHH)

NANU PANDO v. STATE OF CHHATTISGARH

MCRC/4288/2026 · 2026-05-07

body2026

Judgment text

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1 2026:CGHC:21642 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4288 of 2026 1 - Nanu Pando S/o Late Panditram Aged About 24 Years R/o Village Pandopara, Manikpur, Gursiya P.S. Bango , District- Korba (C.G.) 2 - Dheersai Yadav @ Chhottu S/o Dhaniram Yadav Aged About 30 Years R/o Village Gursiya P.S. Bango , District- Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station Head OfÏcer, Police Station Bango District- Korba Chhattisgarh ... Non-Applicant(s) For Applicants : Mr. Anshul Tiwari, Advocate For Non-Applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/05/2026 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 applicants who have been arrested in connection with Crime No. 50/2026 registered at Police Station- Bango, District- Korba (C.G.), for the offence punishable under Sections 126(2), 309(6) of BNS. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. As per the prosecution's case, the complainant, namely, Badrinath Agrawal, lodged a report at Police Station Bango on 05.03.2026 alleging that he, along with the driver of the Chhota Hathi vehicle bearing registration No. CG12BG4193, namely Suraj Prasad, had taken bread, toast, bakery items, etc. from Jamnipali Dari and sold the same at Gursiya. After collecting the sale proceeds, they proceeded towards Pasan via Jatga Road. At about 11:00 AM, near the Damukunda turning, two unknown persons riding motorcycle bearing registration No. CG12AK6734 intercepted their vehicle by parking the motorcycle in front of it. Thereafter, the said persons approached the driver, Suraj Prasad, caught hold of him and started assaulting him. When the complainant intervened, the accused persons snatched a small black bag hanging around his neck containing Rs.3,000/- and fled from the spot. On the basis of the said report, FIR No. 50/2026 was registered under Sections 126(2) and 309(6) of the IPC, and investigation was set into motion. During the course of investigation, on the basis of the statements of witnesses, the accused persons were interrogated and their memorandum statements were recorded. Pursuant to the memorandum statements, the looted amount was recovered from the possession of the accused persons and a seizure memo was prepared accordingly. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. It is further submitted that the applicants are in judicial custody since 06.03.2026 and their continued incarceration along with hardened criminals is likely to 3 adversely affect their behaviour and future prospects. He further submits that there is no direct evidence connecting the applicants with the alleged incident and only an amount of Rs.500/- each has been seized from their possession. It is also submitted that the applicants are the sole bread earners of their respective families and their prolonged detention is causing immense economic, physical and mental hardship to their family members. It is further submitted that, charge-sheet has been filed before the competent Court and the applicants have no previous criminal antecedents and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that during the course of investigation, on the basis of the statements of witnesses and memorandum statements of the applicants, an amount of Rs.500/- each, being part of the looted amount, has been recovered from their possession. It is further submitted that the applicants are involved in the commission of a serious offence of robbery and considering the nature and gravity of the allegations levelled against them, they are not entitled to be enlarged 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 and gravity of allegation levelled against the applicants and the fact that in the present case, charge-sheet has been filed before the competent Court and the applicants have no criminal 4 antecedents further the recovery of Rs. 500/- each have been made from them and further they are in jail since 06.03.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicants. 7. Accordingly, the bail application of the applicants is allowed. 8. Let the applicants – Nanu Pando and Dheersai Yadav @ Chhottu, involved in Crime No. 50/2026 registered at Police Station- Bango, District- Korba (C.G.), for the offence punishable under Sections 126(2), 309(6) of BNS, be released on bail on their furnishing a personal bond with two sureties each, in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued 5 and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberated 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 them in accordance with law. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal