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2026 DAILYLAW 19862 (CHH)

SAURABH DAS MANIKPURI v. STATE OF CHHATTISGARH

MCRC/4341/2026 · 2026-05-07

Transfer Petitionbody2026

Judgment text

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1 2026:CGHC:21687 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4341 of 2026 Saurabh Das Manikpuri S/o Late Shri Navendra Das Manikpuri Aged About 27 Years R/o Chokhadiyara, P.S. Basantpur, District - Rajnandgaon, Chhattisgarh ... Applicant versus State of Chhattisgarh Through SHO, Police Station Basantpur, District Rajnandgaon (C.G.) ... Non-Applicant For Applicant : Mr. Shikhar Bakhtiyar, Advocate. For Non-Applicant/State : Mr. Saurabh Sahu, 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 applicant who has been arrested in connection with Crime No. 36/2026 registered at Police Station - Basantpur, District - Rajnandgaon (C.G.), for the offences punishable under Sections 296, 351(2), 115(2), 309(2), 117(1) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case in brief is that the complainant Ineshwar Chandrakar has lodged a report alleging that on 18.01.2026 at approximately 01:00 PM, the complainant along with his associate, Sheshnarayan Chandrakar, had gone to the Desi Plain Liquor outlet in Mohara on his scooter (bearing registration no. CG 24 J 1299). While the complainant was standing at the counter with money in his hand to PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.08 19:39:53 +0530 2 purchase liquor, an unidentified individual with long hair snatched Rs.200/- from his hand. Upon resisting, the said individual and his accomplice began hurling obscene abuses and threatened to kill the complainant. The prosecution alleges that the accused persons assaulted the complainant with their fists and a stone wrapped in a cloth ('Gamcha'), causing him to fall to the ground. Subsequently, the accomplices forcibly removed the complainant's wallet from his pocket, which contained Rs.3,000/- in cash and various documents, and fled the scene, consequently, an FIR has been registered against unknown accused persons under relevant sections and the applicant was arrested. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the aforesaid case. It is further submitted that the charge-sheet has already been filed. Learned counsel further submits that the applicant has seven previous criminal antecedents, out of which he has been acquitted in three cases, while the remaining cases are still pending, and the same have been duly explained in paragraph No. 4(a) of the present bail application. It is also submitted that the applicant is in judicial custody since 19.01.2026. Therefore, it is prayed that the present applicant be released on regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He also submits that the applicant has seven previous criminal antecedents hence, the applicant is not entitled for grant of bail. 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, nature of allegations and the material available on record, the fact that, the charge-sheet has already been filed and the applicant has seven previous 3 criminal antecedents, out of which he has been acquitted in three cases, while the remaining cases are still pending, and the same have been duly explained in paragraph No. 4(a) of the present bail application, further the applicant is in judicial custody since 19.01.2026, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the Applicant – Saurabh Das Manikpuri, involved in Crime No. 36/2026 registered at Police Station - Basantpur, District - Rajnandgaon (C.G.), for the offences punishable under Sections 296, 351(2), 115(2), 309(2), 117(1) and 3(5) of Bharatiya 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant 4 fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, 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 her 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