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2026 DAILYLAW 21280 (CHH)

AJEET PAIKRA v. STATE OF CHHATTISGARH

MCRC/4714/2026 · 2026-06-14

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Judgment text

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1 2026:CGHC:23755 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4714 of 2026 Ajeet Paikra S/o Sambhunath Paikra Aged About 24 Years R/o Village Balampur, P.S. Sitapur, Distt. Surguja, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S. Balrampur, Distt. Ramanujganj, Chhattisgarh. ... Non-Applicant For Applicant : Mr.Nishi Kant Sinha, Advocate. For Non-Applicant/State : Dr. Sourabh Pande, Deputy Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.06.2026 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. 159/2025, registered at Police Station – Balrampur, District- Balrampur- Ramanujganj(C.G.) for the offence punishable under Sections 331(4), 305, 317(2), 317(4), 317(5), 3(5), 111, 111(2)(b), 111(4) and 111(7) of Bharatiya Nyaya Sanhita, 2023. 2. According to the prosecution case, on the night of 31.10.2025, certain unknown persons committed theft at the jewellery shop of Ajay Kumar Soni, namely Dhananjay Jewellers, and stole cash amounting to PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.06.16 11:55:58 +0530 2 Rs. 75,000/- along with gold and silver ornaments valued at Rs. 76,27,875/-. During the investigation, memorandum of the accused persons were recorded, and on the basis of the information furnished therein, recoveries were effected. The present applicant was arrested on the allegation that he had assisted the accused persons in selling the stolen articles, for which he was allegedly paid Rs. 2,000/-. Hence, the offence. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant has been arraigned as an accused solely on the basis of the memorandum statements of the co-accused persons, wherein it is alleged that he assisted them in selling the stolen articles to certain jewellers and, in consideration thereof, received an amount of Rs. 2,000/-. It is also submitted that no stolen property has been recovered from the possession of the present applicant. Learned counsel further submits that the co-accused persons have already been granted bail by this Court vide orders dated 24.02.2026, 10.03.2026, and 23.03.2026 passed in M.Cr.C. Nos. 221/2026, 2252/2026, and 2705/2026 respectively. The case of the present applicant is stated to be identical to that of the said co-accused persons. It is further submitted that the charge-sheet has already been filed in the matter and the applicant has been in judicial custody since 09.11.2025. Considering that the trial is likely to take considerable time to conclude, learned counsel prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the charge-sheet has already been filed in the present case. However, he could not dispute the fact that other 3 co-accused persons, who are similarly situated, have already been granted bail by this Court. He further submits that the applicant has one previous criminal antecedent. 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 offence, the fact that though the present applicant and other co-accused persons were committed theft of gold and silver ornaments along with cash amounting to Rs. 75,000/-, but other co-accused persons have already been granted bail by this Court vide orders dated 24.02.2026, 10.03.2026 and 23.03.2026 passed in MCRC Nos. 221/2026, 2252/2026 and 2705/2026 respectively, and the case of present applicant is identical to that of the co-accused persons, further the charge-sheet has been filed in the present case, the present applicant has one previous criminal antecedents and he is jail since 09.11.2025, the conclusion of the trial will take some more time, therefore, this Court is of the considered view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let applicant - Ajeet Paikra, involved in Crime No. 159/2025, registered at Police Station – Balrampur, District- Balrampur-Ramanujganj(C.G.) for the offence punishable under Sections 331(4), 305, 317(2), 317(4), 317(5), 3(5), 111, 111(2)(b), 111(4) and 111(7) of Bharatiya Nyaya Sanhita, 2023, 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 4 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 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 Preeti