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2026 DAILYLAW 2527 (CHH)

GHANSHYAM ALIAS PANKAJ SINGH RAJPUT v. STATE OF CHHATTISGARH

MCRC/1788/2026 · 2026-02-19

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1 2026:CGHC:9090 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1788 of 2026 Ghanshyam Alias Pankaj Singh Rajput S/o Puneet Singh Aged About 23 Years R/o Behind Warehouse, Tilda Nevra, Distt. Raipur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station Tilda-Nevra, Distt. Raipur Chhattisgarh ... Non-Applicant(s) For Applicant : Mr. Shahid Siddiqui, Advocate For Non-Applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/02/2026 1. This is the 5rst bail application 5led 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. 58/2025 registered at Police Station- Tilda-Nevra, District- Raipur (C.G.), for the o;ence punishable under Sections 115(2), 127(2), 140(3), 296, 309(6), 140(2) of BNS and Section 25 and 27 of Arms Act. 2. Case of the prosecution in brief is that on 08.02.2025, between approximately 11:15 p.m. and 1:15 a.m., near Wadhwa Traders KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 ahead of Deendayal Chowk at Tilda–Nevra, the the present applicant along with co-accused persons intercepted the truck of the complainant, Lalchand Paswan. They allegedly forced him to alight from the truck, abused him in 5lthy language referring to his mother and sister, threatened to kill him and assaulted him with 5sts and blows. When the complainant attempted to @ee from the spot, the accused persons allegedly forcibly made him sit in their car, wrongfully con5ned him and again assaulted him with 5sts and blows while demanding a ransom of ₹3,00,000/-. Upon his refusal to pay the said amount, they allegedly placed a knife on his neck and forcibly robbed him of his mobile phone, ₹3,000/- kept in his purse, ATM card, driving licence, PAN card, and smart card. On the basis of the report lodged by the complainant in respect of the aforesaid incident, a case was registered and after completion of the entire investigation, a charge-sheet has been 5led before the competent Court under Sections 127(2), 296, 115(2), 140(3), 309(6), and 140(2) of the Bharatiya Nyaya Sanhita, along with Sections 25 and 27 of the Arms Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the o;ences have been registered against him merely on the basis of suspicion, whereas in fact he has neither committed nor participated in any act constituting the alleged o;ences. He further submits that the prosecution witnesses have not identi5ed the applicant and have even denied the alleged commission of the o;ence and any call from the complainant, which 3 clearly indicates that the applicant has been falsely implicated and is a victim of abuse of power by the police authorities. It is further submitted that the case rests solely on circumstantial evidence and there is no direct material connecting the applicant with the alleged crime. The applicant is not a habitual o;ender and has no criminal antecedents. The trial is at an initial stage and is likely to take considerable time to conclude, moreover, the o;ences alleged are not punishable with death or imprisonment for life and therefore his continued pre-trial detention since 09.02.2025 is unjusti5ed and in the present case, charge-sheet has been 5led before the competent Court and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail. 4. Learned State counsel opposes the bail application and submits that the present applicant is speci5cally named in the FIR and has actively participated in the commission of the o;ence along with the co-accused persons. It is submitted that the applicant, in furtherance of their common intention, intercepted the truck of the complainant, assaulted him, wrongfully con5ned him in a car, demanded ransom of Rs. 3,00,000/- and robbed him by placing a knife on his neck. The allegations against the applicant are grave and serious in nature, involving o;ences of assault, extortion, wrongful con5nement and robbery and therefore he is not entitled to be released on bail. However, he fairly submits, on the basis of instructions, that the applicant has no criminal antecedent. 5. I have heard learned counsel appearing for the parties and perused the case diary. 4 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 09.02.2025 and the fact that in the present case, charge- sheet has been filed before the competent Court and the applicant has no previous criminal antecedent and no further interrogation is required and the trial is likely to take some time for its conclusion, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicant 7. Let the applicant – Ghanshyam alias Pankaj Singh Rajput, involved in Crime No. 58/2025 registered at Police Station- Tilda- Nevra, District- Raipur (C.G.), for the o;ence punishable under Sections 115(2), 127(2), 140(3), 296, 309(6), 140(2) of BNS and Section 25 and 27 of Arms Act, 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 5le an undertaking to the e;ect that he shall not seek any adjournment on the dates 5xed 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 5xed, either personally or through his counsel. In case of his absence, without suDcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 5 (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 5xed 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 5xed 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 suDcient 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. ODce is directed to send a certi5ed copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal