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2026 DAILYLAW 19470 (CHH)

SANDEEP BANJARE v. STATE OF CHHATTISGARH

MCRC/4450/2026 · 2026-05-11

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Judgment text

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1 2026:CGHC:22320 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4450 of 2026 • Sandeep Banjare S/o Krishna Kumar Banjare Aged About 26 Years R/o Baudhwapara Ward No.1, Bilaspur District- Bilaspur (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through- Station House Officer Police Station Civil Lines District- Bilaspur (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Awadh Tripathi, Advocate For Respondent(s) : Mr. Soumya Rai, Dy.G.A. 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. 1336/2025, registered at Police Station – Civil Lines, District – Bilaspur (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 61(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the complainant Jayant Kumar Soni has filed a written report at the Civil Lines police station stating that one property dealer Surya Sahu with the help of his friends namely the present applicant Sandeep Banjare has dishonestly in VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.14 11:28:02 +0530 2 place of actual owner Kiran Devi, Some other lady was introduced as Kiran Devi and the property has been sold with the help of Sudhir Sainy on the basis of the forged power of attorney, and the power of attorney holder was the present applicant and the other co-accused Surya Sahu has taken a sum of rupees 51,77,000/-by the way of transfer as well as cash to the Surya Sahu, his wife Mona Sahu and Avinash Manhar in installments, in cash as well as in their bank accounts. It is clear from the contents of the final report that no money has been received by the present applicant. So, on the basis of the said allegations the police have arrested the present applicant for the commission of the alleged offenses. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is only one criminal antecedents registered against the present applicant for offence under Sections 318(4), 336(3), 338, 61(2) of BNS registered at Police Station Civil Lines, Bilaspur(C.G.). He further submits that applicant has already been granted bail by this Court in MCRC No.4357 of 2026 vide order dated 11.05.2026 bearing crime No.68 of 2026 registered at Police Station – Civil Lines, District – Bilaspur (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 61(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 15.01.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and he could not dispute the fact that applicant has already been granted bail by this Court in MCRC No.4357 of 2026 vide order dated 11.05.2026 bearing crime No.68 of 2026 registered 3 at Police Station – Civil Lines, District – Bilaspur (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 61(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), and the charge-sheet has been filed in this case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that applicant has already been granted bail by this Court in MCRC No.4357 of 2026 vide order dated 11.05.2026 bearing crime No.68 of 2026 registered at Police Station – Civil Lines, District – Bilaspur (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 61(2) of (BNS), charge-sheet has been filed against the applicant, the applicant is in jail since 15.01.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. 7. Let applicant, Sandeep Banjare, involved in Crime No.1336/2025, registered at Police Station – Civil Lines, District – Bilaspur (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 61(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), 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. 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 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 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 Vaishali