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2026 DAILYLAW 25777 (CHH)

SURAJ SINGH v. STATE OF CHHATTISGARH

MCRC/4407/2026 · 2026-07-08

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Judgment text

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1 CGHC010187582026 2026:CGHC:28563 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4407 of 2026 Suraj Singh S/o- Nana Singh Chitoudiya, Aged About 18 Years, R/o- Village- Hardoli Road Aarvi, Thana-Aarvi, District- Vardha (M.H.) ... Applicant versus State of Chhattisgarh Through- S H O, Thana- City Kotwali, District- Baloda Bazar-Bhatapara (C.G.) ... Respondent For Applicant : Mr. Samir Singh, Advocate For State/Respondent : Mr. Sumit Singh, Dy. A.G Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.07.2026 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. 51/2026, registered at Police Station – City Kotwali, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 318(4) and 61(2) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that the complainant namely, Kamal Sahu has lodged a report alleging that the applicant and other accused persons induced him to believe that a pot containing gold and silver PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.10 17:42:10 +0530 2 was buried in his agricultural field and that a special religious ritual was required to retrieve it. On this false pretext, the accused persons dishonestly obtained Rs.14,00,000 from the complainant. During investigation, cash and a vehicle were recovered from the possession of the accused persons, and Rs.2,40,000/- has been recovered from the possession of the present applicant. Accordingly, a crime was registered against the applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the case. He further submits that applicant is only 18 years of age and he is not involved in the present case. The alleged amount has been withdrawn through the applicant’s father bank account. He further submits that co-accused, namely, Nanasingh has already been granted bail by this Court vide order dated 25.04.2026 in MCRC/2689/2026 (copy annexed as Annexure A/2). He further submits that the applicant has no previous criminal antecedents and the applicant is in jail since 23.11.2025, charge-sheet has been filed, and further the trial is likely to take considerable time, therefore, it is prayed that applicant may be enlarged on bail on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that charge-sheet has been filed in the present case. He further submits that Rs.2,40,000/- has been recovered from the possession of the present applicant and the applicant has three previous criminal antecedents. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the 3 case-diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the offence levelled against the present applicant, period of detention of the applicant i.e. since 23.11.2025, and the fact that the charge-sheet has been filed, also considering the fact that co-accused, namely, Nanasingh has already been granted bail by this Court vide order dated 25.04.2026 in MCRC/2689/2026 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. 8. Let applicant, Suraj Singh, involved in Crime No. 51/2026, registered at Police Station – City Kotwali, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 318(4) and 61(2) of Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two local 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 proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti