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2026 DAILYLAW 20232 (CHH)

DABLU PRASAD GUPTA v. STATE OF CHHATTISGARH,

MCRC/4654/2026 · 2026-05-14

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Judgment text

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1 2026:CGHC:23328 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4654 of 2026 1 - Dablu Prasad Gupta S/o- Late Bhola Sao, Aged About 27 Years R/o- Khendrakala, P.S.- Chhattarpur, District- Palamu, (Jharkhand) (Wrongly Mentioned In Order Sheet As C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh, Through- S.H.O. Police Station- Ramanujganj District- Balrampur- Ramanujganj (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pushkar Sinha, Advocate For Respondent(s) : Mrs. Ankita Shukla, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.05.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 176/2024 registered at Police Station – Ramanujganj District – Balrampur Ramanujganj (C.G.) for the offence punishable under Sections 309(6), 310(6), 311, 312 of BNS, 2023 and Sections 25 & 27 of Arms Act. 2. The case of the prosecution, in brief, is that the complainant, Rajesh Kumar Soni, who runs a jewellery shop situated at Gandhi Chowk, Ramanujganj, alleged that on 11.09.2024, at about noon, ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 certain unknown persons committed robbery at his shop and looted gold and silver jewellery worth approximately Rs. 2.85 crores along with cash amounting to Rs. 7,00,000/-. In respect of the said incident, the complainant lodged a written report, pursuant to which investigation was undertaken by the police. During the course of investigation, co-accused persons namely Anand Soni, Monu Soni, Raj Soni, Rahul Mehta, Radheshyam, Anjali Ekka, and the present applicants were implicated in the alleged offence. Consequently, FIR was registered against the applicants and they were arrested for the offences punishable under Sections 309(6), 310(6), 311 and 312 of the Bharatiya Nyaya Sanhita, 2023, as well as 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 solely on the basis of memorandum statements of co-accused persons and there is no direct evidence available on record connecting the applicant with the alleged offence. It is further submitted that similarly situated co-accused persons have already been granted bail by this Court and the case of the present applicant stands on identical footing. Learned counsel further submits that though the co-accused persons have already been convicted by the learned Trial Court, the present applicant was shown as absconding, which fact also finds mention in the charge- sheet. It is submitted that pursuant to the warrant issued by the 3 learned Trial Court, the applicant was subsequently arrested. Learned counsel also submits that the convicted co-accused persons have preferred Criminal Appeal being CRA No.138/2026 before this Court and in the said appeal, the original Trial Court record was summoned by this Court. It is also contended that the said original record is necessary for proceeding further with the trial against the present applicant and in absence thereof, the trial cannot effectively proceed. It is further submitted that the investigation has already been completed, charge-sheet has been filed and no further custodial interrogation of the applicant is required. The trial is likely to take considerable time to conclude and there is no likelihood of the applicant absconding or tampering with the prosecution evidence. The applicant is ready and willing to abide by all such conditions as may be imposed by this Court while granting bail. 4. On the other hand, learned State counsel opposes the bail application and submits that though the applicant has no criminal antecedents, he is a resident of Jharkhand and had absconded during the course of trial, which fact has also been specifically mentioned in the charge-sheet. It is further submitted that there is every likelihood of the applicant absconding again if released on bail and, therefore, he is not entitled to the benefit of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Considering the facts and circumstances of the case, the nature 4 and gravity of the allegations levelled against the applicant, the manner in which the alleged offence was committed, and the material available on record, this Court has also taken into consideration the specific allegation that the applicant remained absconding during the course of trial. In such circumstances, the apprehension expressed by the State regarding the possibility of the applicant absconding again, if enlarged on bail, cannot be brushed aside lightly. Though it has been argued on behalf of the applicant that similarly situated co-accused persons have been granted bail, however, the case of the present applicant stands on a different footing inasmuch as he did not face trial along with the co-accused persons and was absconding during the relevant period. Therefore, having regard to the totality of the facts and circumstances of the case, this Court is not inclined to grant bail to the applicant. 7. Accordingly, this bail application of applicant – Dablu Prasad Gupta involved in Crime No.176/2024 registered at Police Station – Ramanujganj District – Balrampur Ramnujganj (C.G.) for the offence punishable under Sections 309(6), 310(6), 311, 312 of BNS and Sections 25 & 27 of Arms Act, is rejected at this stage. 8. Further, taking note of the fact that the original record had earlier been summoned by this Court in CRA No.138/2026 and other connected matters preferred by the convicted co-accused persons. 9. It further appears from the order rejecting bail of the present 5 applicant that his trial is pending before the concerned trial Court and that the said Court has already addressed a communication on 28.03.2026 to the High Court seeking transmission of the original record for expeditious conclusion of the trial. 10. In view of the aforesaid, the Registrar (Judicial) is directed to take necessary steps in view of the said communication dated 28.03.2026 sent by the trial Court for transmitting the original record in CRA No. 138 of 2026 which is presently required in the case of the present applicant, namely, Dablu Prasad Gupta, who had earlier absconded but has subsequently been arrested and is presently in judicial custody. 11. Office is directed to place the matter before the Registrar (Judicial) by Monday i.e. 18.05.2026 for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Saxena