DINESH KUMAR BARETH @ D.K. BARETH v. STATE OF CHHATTISGARH
MCRC/5753/2026 · 2026-06-30
body2026
DailyLaw.ai
[ 2026 DAILYLAW 24115 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 24115 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:26881
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5753 of 2026 Dinesh Kumar Bareth @ D.K. Bareth Son of Dilharan Bareth Aged About 31 Years Resident of Village Sivni, Police Station And Tahsil Champa, District - Janjgir-Champa, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The District Magistrate, District - Janjgir- Champa ( Police Station Champa, District - Janjgir-Champa), Chhattisgarh. ... Non-applicant For Applicant : Mr. Vivek Singhal, Advocate. For Non-applicant/State : Mr. Sumit Singh, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.07.2026
1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 33/2026 registered at Police Station – Champa, District – Janjgir – Champa (C.G.) for the offence punishable under Sections 25(1), (1)(B), (B) and 27 of the Arms Act and Section 309(4) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in brief, on 30.01.2026, the complainant, Keshav Rathore, lodged a complaint at Police Station Champa stating that while he was proceeding from his house to the Gram Panchayat Bhawan, the present applicant intercepted him and demanded Rs. 200/- ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.02 11:24:25 +0530
2 for purchasing liquor. When the complainant refused to pay the said amount, the applicant allegedly threatened him with a knife, threatened to kill him, and abused him in filthy language. It is further alleged that the applicant forcibly took Rs. 1,000/- from the complainant’s pocket and also robbed him of a Bluetooth headphone. On the basis of the said complaint, the police registered the aforesaid crime, conducted the investigation, and thereafter filed the charge-sheet before the competent Court. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the applicant has 07 criminal antecedents under the IPC, the Excise Act, and the Arms Act, out of which only 02 cases are pending. Explanations in respect thereof have been furnished in Paragraph 4(a) of the present bail application. He also submits that the applicant has been in judicial custody since 30.01.2026. On these grounds, he prays for the grant of regular bail to the applicant. 4.
On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He further submits that, in view of the criminal antecedents of the applicant, which demonstrate that he is a habitual offender, he is not entitled to the grant of regular bail. 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, particularly that the applicant has 07 criminal antecedents under the IPC, the Excise Act, and the Arms Act, out of which only 02 cases are pending, for which explanations have been furnished in Paragraph 4(a)
3 of the present bail application, and further considering that the charge- sheet has already been filed before the competent Court, that the applicant has been in judicial custody since 30.01.2026, and that the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Dinesh Kumar Bareth @ D.K. Bareth, involved in Crime No. 33/2026 registered at Police Station – Champa, District – Janjgir – Champa (C.G.) for the offence punishable under Sections 25(1), (1)(B), (B) and 27 of the Arms Act and Section 309(4) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing 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
4 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 Abhishek