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2026 DAILYLAW 19166 (CHH)

NARENDRA DANDEKAR v. STATE OF CHHATTISGARH

MCRC/4391/2026 · 2026-05-11

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Judgment text

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1 2026:CGHC:22334 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4391 of 2026 Narendra Dandekar S/o Matherej Dandekar Aged About 19 Years R/o Near Gyandas Baghel Kirana Store Shukravari Bazar Birgaon P.S. Urla Distt- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Dharshiva Distt- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Leekesh Kumar, Advocate. For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 12.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 514/2025, registered at Police Station – Dharshiva, District - Raipur (C.G.) for the offence punishable under Sections 309(4), 109, 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act. 2. As per the prosecution story, on 22.10.2025, the complainant, namely Pramod Kumar Sahu, alleged that the present accused along with co-accused persons wrongfully put him in fear of death or immediate grievous harm and committed robbery by snatching his mobile phone and cash from his pocket. It is further alleged that the accused persons PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.13 11:19:18 +0530 2 assaulted the complainant and his friend, Sureet Ram, by means of hands, fists, and a sharp-edged knife, with an intention to commit their murder, thereby causing serious injuries to the legs and ribs of the complainant and also injuries to Sureet Ram. On the basis of the said report, the police registered a case bearing Crime No. 514/2025 for offences punishable under Sections 309(4), 109, 3(5) of the BNS and Sections 25 and 27 of the Arms Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the allegation against the applicant is only that he assaulted the injured with hands and fists, whereas the co-accused, Tara Chand, allegedly assaulted the injured with a knife during the course of the robbery. It is also submitted that the charge-sheet has been filed and the applicant has no previous criminal antecedents and has been in judicial custody since 22.10.2025. As the trial is likely to take considerable time to conclude, learned counsel prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposed the bail application and submitted that the charge-sheet has already been filed in the present case. She further submitted that the allegation against the applicant is only that he assaulted the injured with hands and fists, whereas the co-accused, Tara Chand, allegedly assaulted the injured with a knife during the course of the robbery. Therefore, the applicant is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the 3 fact that, the allegation against the applicant is only that he assaulted the injured with hands and fists, whereas the co-accused, Tara Chand, allegedly assaulted the injured with a knife during the course of the robbery, also considering the fact that the applicant has no previous criminal antecedents, the charge-sheet has been filed and is in judicial custody since 22.10.2025, and the case of the applicant is distinguishable from that of the co-accused persons, this Court is of the opinion that the applicant is entitled to be released on bail. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the applicant - Narendra Dandekar, involved in Crime No. 514/2025, registered at Police Station – Dharshiva, District - Raipur (C.G.) for the offence punishable under Sections 309(4), 109, 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act, 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 proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail 4 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 his, 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 his 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 Preeti