Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:26680
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3595 of 2026 Sumit Pandey @ Sethi S/o Bhola Prasad Pandey Aged About 19 Years R/o Chingarajpara, Thana Sarkanda, District- Bilaspur (C.G.)
... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Sarkanda, District- Bilaspur (C.G.)
... Respondent For Applicant : Shri Manoj Kumar Yadav, Advocate. For Respondent/State : Ms. Monika Thakur, PL.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 30/06/2026
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.1535/2025 registered at Police Station Sarkanda, District- Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(1), 119(1) of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.01 19:40:30 +0530
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2. Case of the prosecution, in brief, is that on 02.11.2025, the complainant lodged a report at Police Station Sarkanda alleging that on the night of 02.11.2025, at around 01:00 AM, the complainant's brother in law Sonu Yadav was returning after carrying ritual items for the Gaura Gauri puja, accused demanded money for liquor, and abused and threatened to kill. In the altercation that ensued, the applicant is alleged to have caused injury to Sonu Yadav's left arm using a vegetable-cutting knife. The injury sustained by the complainant's side is limited to the small (little) finger of the right hand. Police investigated the matter and chargesheet has been filed.
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Learned counsel for the applicant submitted that the statement of the victim has been recorded wherein he stated that the applicant has not demanded money for consumption of liquor from the injured on the other hand he has stated that the applicant had indulged in marpeet with the injured. He would submit that the charge-sheet has been filed, the applicant has been in custody since 2/11/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail application and submitted that though the injured has resiled from the prosecution case but the applicant has a criminal antecedents of 12 cases and disclosure of the same has been given in para 4(a) of the bail application and no status of the said cases have been given.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts and circumstances of the case, submission of
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learned counsel for the parties, materials available on record, nature of allegation against the applicant, considering the criminal antecedents of the applicant which are 12 in number and it is a case of robbery as well as theft and he is a habitual offender and also in light of the
judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, therefore this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail.
7. Accordingly, the bail application of applicant Sumit Pandey @ Sethi involved in Crime No.1535/2025 registered at Police Station Sarkanda, District- Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(1), 119(1) of BNS, is rejected.
8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information.
- Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
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