Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 25632 (CHH)

YOGESH RATRE v. STATE OF CHHATTISGARH

MCRC/4334/2026 · 2026-07-08

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010170432026 2026:CGHC:28503 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4334 of 2026 Yogesh Ratre S/o- Narsingh Ratre Aged About 33 Years R/o- Village - Birgahani, P.S. Janjgir, District- Janjgir-Champa (C.G.) --- Applicant versus State Of Chhattisgarh Through-P.S. Champa, District- Janjgir-Champa (C.G.) --- Non-applicant MCRC No. 4406 of 2026 Maheshwar Diwakar @ Chhote Dauwa S/o Shri Kashiram Diwakar Aged About 19 Years R/o Charan Nagar, Champa, Police Station - Champa, Distt. Janjgir- Champa, Chhattisgarh ---Applicant Versus State of Chhattisgarh Through District Magistrate, Janjgir, Distt. Janjgir- Champa Chhattisgarh (Also Mentioned In The Impugned Order As State Of Chhattisgarh, Through P.S. Champa, Distt. Janjgir Champa Chhattisgarh) --- Non-applicant For Applicant (MCRC No. 4334/2026) : Mr. Anchal Kumar Matre, Advocate. For Applicant (MCRC No. 4406/2026) : Mr. Vivek Kumar Shrivastava, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.07.2026 1. Since the above-mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.10 11:30:11 +0530 2 2. These are the first bail applications filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 18/2025 registered at Police Station – Champa, District - Janjgir-Champa, Chhattisgarh., for the offence punishable under Sections 140, 109(1), 311, 111(1), 61(2), 3(5) of of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act (MCRC No. 4334/2026) and under sections 140, 109(1), 311, 61(2), 111(1), 3(5) of BNS and 25 and 27 of Arms Act (MCRC No. 4406/2026). 3. The case of the prosecution, in brief, is that on 09.01.2026, at about 3:30 PM, near the pond situated on the main road in Village Sosmanda, District Janjgir-Champa, the accused/applicants, along with the co-accused, namely, Amir Miri alias Bholu, Sunil Kurre and Jamuna Sewayat alias Rocky, acting in furtherance of their common intention and criminal conspiracy, allegedly threw a substance resembling chilli powder into the eyes of the complainant, Harish Dewangan. Thereafter, they abducted the complainant and, with the intention of committing robbery/dacoity and causing his death or grievous injury, took him near the Mainpat Selfie Point, pushed him into a gorge, and robbed him of a total amount of Rs.20,18,700/-. After completion of the investigation, the charge-sheet has been filed. 4. In MCRC No. 4334/2026 - Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is submitted that prior to the registration of the present FIR, Crime No. 13/2026 was registered on 10.01.2026 at Police Station Champa, District Janjgir-Champa, on the report of Rajendra Agrawal, the owner of Arvind Industries, against the complainant in the present case. Thereafter, a false and fabricated story was allegedly concocted, and the 3 present FIR was lodged on 15.01.2026 after an unexplained delay of about five days. It is further submitted that the only allegation against the present applicant is that he showed the photograph of the complainant to the other co-accused persons. The applicant has been implicated merely on the allegation of being a conspirator, whereas no evidence is available on record to establish any criminal conspiracy between the applicant and the other co-accused persons. It is further submitted that there is no allegation that the applicant caused any grievous injury to the complainant, nor has any deadly weapon been recovered from his possession. Learned counsel further submits that the applicant has only one previous criminal antecedent. The charge-sheet has already been filed, and the applicant has been in judicial custody since 16.01.2026. Therefore, it is prayed that the applicant be enlarged on bail. 5. In MCRC No. 4406/2026 - Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is submitted that the allegations against the applicant are general and omnibus in nature, and no specific overt act has been attributed to him, distinguishing his role from that of the co-accused persons. It is further submitted that the applicant has no previous criminal antecedents. The charge-sheet has already been filed, and the applicant has been in judicial custody since 16.01.2026. Therefore, it is prayed that the applicant be enlarged on bail. 6. Learned counsel for the State/non-applicant opposes the bail application and submits that the charge-sheet has already been filed. She further submits that the allegation against the applicant is that, along with the other co-accused persons, and in furtherance of a criminal conspiracy, he threw a substance resembling chilli powder into the eyes of the complainant, Harish Dewangan, abducted him, robbed him of 4 Rs.20,18,700/- and his mobile phone, and thereafter, at about 9:00 PM, took him near the Selfie Point at Mainpat, District Surguja, pushed him into a gorge, and attempted to commit his murder. She further submits that sums of Rs.89,000/- and Rs.4,20,000/- were recovered from the possession of the present applicants. It is also submitted that each of the applicants has one previous criminal antecedent. Therefore, the applicants are not entitled to be enlarged on bail. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that the allegation against the applicant is that, along with the other co-accused persons, and in furtherance of a criminal conspiracy, he threw a substance resembling chilli powder into the eyes of the complainant, Harish Dewangan, abducted him, robbed him of Rs.20,18,700/- and his mobile phone, and thereafter, at about 9:00 PM, took him near the Selfie Point at Mainpat, District Surguja, pushed him into a gorge, and attempted to commit his murder. She further submits that sums of Rs.89,000/- and Rs.4,20,000/- were recovered from the possession of the present applicants, further each of the applicants has one previous criminal antecedent, this Court is of the view that at this stage, I am not inclined to grant bail to the applicants. 9. Accordingly, the bail applications are rejected. Let applicants – Yogesh Ratre (MCRC No. 4334/2026) and Maheshwar Diwakar @ Chhote Dauwa (MCRC No. 4406/2026) involved in Crime No. 18/2025 registered at Police Station – Champa, District - Janjgir-Champa, Chhattisgarh., for the offence punishable under Sections 140, 109(1), 5 311, 111(1), 61(2), 3(5) of of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act (MCRC No. 4334/2026) and under sections 140, 109(1), 311, 61(2), 111(1), 3(5) of BNS and 25 and 27 of Arms Act (MCRC No. 4406/2026), is rejected . 10. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 11. 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