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2026 DAILYLAW 20563 (CHH)

LALJI @ KINKA BASOD v. STATE OF CHHATTISGARH

MCRC/2672/2026 · 2026-05-10

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Judgment text

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1 2026:CGHC:22031 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2672 of 2026 • Lalji @ Kinka Basod S/o Basant Lal Basod Aged About 32 Years R/o Village- Lamidah, P.S. Sarai, Dist.- Singrauli (M.P.) ... Applicant(s) versus • State of Chhattisgarh Through The Police Station Chakarbhata, District Bilaspur (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Ritesh Verma, Advocate For Respondent(s) : Ms. Palak Shrivastava, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/05/2026 1. This is Fourth bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.272/2024, registered at Police Station - Chakarbhata, District- Bilaspur, C.G, for commission of offence punishable under Sections 457, 380, 413, 34 of IPC. 2. Earlier applicant had preferred first bail application before this Court which is registered as MCRC No. 8641 of 2024 vide order dated 10.12.2024, which was rejected. Thereafter, applicant filed Second VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.12 18:36:14 +0530 2 Bail application MCRC No. 2851 of 2025 vide order dated 11.04.2025, which was also rejected and third bail in MCRC No.4413 of 2025 was also rejected vide order dated 12.06.2025 by this Court. 3. As per prosecution the facts of the case are; the applicant has been arrested on 12.8.2024 for the alleged offence punishable under sections 457, 380, 413, 34 of IPC. The complaint was lodged on the complaint of complainant (Pushpendra Dewangan) before police station Chakarbhata against the unknown persons. The incident took place in between 12.6.2024 at night 8:30PM to 13.6.2024 till 6 AM in the morning. Complainant is running a jewelry shop situated at Hirri Mines where theft of ornaments namely; Anklet-100 pieces, Laccha-5 pairs, Girdle (Kardhan)- 25 pieces, Nettle(Bichiya)-500pairs, Finger ring-300 pieces, Bangles (Children)-70 pairs, Chain-50 pieces, Coins- 10 & 5 Gms- 15 pieces, Locket- 200 pieces, Bracelet- 20 Pieces, Bangles- 15 pieces, Nosepin- 100 pieces, Old Jwellery-1.5 tola, Locket-5 pieces, Statue of deity, Flute and other ornaments made of gold and silver and cash of Rs. 5000/- whose total amount of Rs. 9, 00, 000/- (Nine lacs only). 4. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. He further submits that other co-accused persons have already been granted bail by this Court and there are total 16 prosecution witnesses in the present case, out of which only 11 cases have been recorded. He also submits that applicant is in jail since 12.08.2024, conclusion of trial may take some time, hence, applicant may be released on bail on the ground of parity. 5. Per contra, learned State Counsel opposes the bail application and submits that charge-sheet has been filed in the present case and 3 2kgs silver has been seized from the possession of the applicant, looking to the overt act application may be reject. 6. I have heard learned counsel for the parties and perused the records. 7. Considering facts of the case, looking to the seriousness of allegations, involvement of the applicant in offence, submission of learned counsel for the parties, material available on record and also considering the fact that co-accused persons have already been granted by this court and copy of the same annexed with the bail application, therefore, I am not inclined to allow this bail application. 8. Let applicant, Lalji @ Kinka Basod, involved in Crime No.272/2024, registered at Police Station - Chakarbhata, District-Bilaspur, C.G, for commission of offence punishable under Sections 457, 380, 413, 34 of IPC, 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 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 4 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. 9. 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