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2026 DAILYLAW 2191 (CHH)

RAMDAS SINGH v. STATE OF CHHATTISGARH

MCRC/143/2026 · 2026-01-07

Transfer Petitionbody2026

Judgment text

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1 2026:CGHC:1288 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 143 of 2026 Ramdas Singh S/o Budhram Singh Aged About 32 Years R/o Village Bhartpur Basapara, P.S. - Surajpur, District - Surajpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station - Manipur District - Sarguja (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sanjay Kumar Yadav, Advocate. For Respondent(s) : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 26/2025 registered at Police Station Manipur District - Sarguja (C.G.) for the offence punishable under Sections 303(2), 111(2)(B), 313, 317(2), 3(5) of BNS. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Case of the prosecution, in brief, is that the complainant Janak Ram Lal lodged a written report against unknown persons regarding the theft of his motorcycle. On the basis of the said report, Crime No. 26/2025 was registered at Police Station Manipur for offences punishable under Sections 303(2), 111(2)(B), 313, 317(2) and 3(5) of the Bharatiya Nyaya Sanhita (BNS) against the present applicant and other co-accused persons. After completion of investigation, the police filed the challan before the learned trial Court. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that co-accused persons have already been granted bail by the trial Court. The applicant is in jail since 08.10.2025, the applicant has one criminal antecedent of the year 2024 under the BNS, further charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 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. She further submits that the applicant is alleged to be involved, along with co-accused persons, in the theft of the complainant’s motorcycle, further the applicant has two criminal antecedents, therefore, the applicant is not entitled for grant of bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 08.10.2025, the fact that though the applicant is alleged to be involved, along with co-accused persons, in the theft of the complainant’s motorcycle, but considering the fact that there is no direct evidence against the applicant, furthermore the alleged seizure has been made from the co-accused, the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Ramdas Singh, involved in Crime No. 26/2025 registered at Police Station Manipur District - Sarguja (C.G.) for the offence punishable under Sections 303(2), 111(2)(B), 313, 317(2), 3(5) of 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through 4 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Kunal