CHAMAR SINGH YADAV @ PRAKASH YADAV v. STATE OF CHHATTISGARH
MCRC/3914/2026 · 2026-07-08
body2026
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[ 2026 DAILYLAW 25808 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 25808 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
CGHC010165722026
2026:CGHC:28496
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3914 of 2026 Chamar Singh Yadav @ Prakash Yadav S/o Mahingal Singh Yadav Aged About 45 Years R/o Nawagarhi, Rajapara Raigarh, Police Station City Kotwali, District- Raigarh (C.G.) (Correctly Mentioned)
... Applicant(s) versus State Of Chhattisgarh Through - S.H.O., P.S. Chakradhar Nagar, District- Raigarh (C.G.) (Correctly Mentioned)
... Non-applicant(s) For Applicant : Mr. Ankit Singh, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 09/07/2026
1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 86/2026 registered at Police Station Chakradhar Nagar, District Raigarh (C.G.), for the offences punishable under Sections 304, 204, 309(4) and 3(5) of the Bharatiya Nyaya Sanhita.
2. Case of the prosecution, in brief, is that the complainant, Reshmi Nishad, lodged a written report at Police Station Chakradhar Nagar KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2 stating that on 06.03.2026, she along with her grandmother Ramkunwar Nishad had come to Raigarh from their village Sambalpuri to attend the marriage of her brother. At about 11:30 A.M., after alighting from a bus near Signal Chowk, while they were proceeding on foot towards Sarangarh Bus Stand via Marine Drive, two unknown persons riding a scooter intercepted them by introducing themselves as police personnel and asked them to show their Aadhaar Cards on the pretext of making inquiries regarding an accident. It is alleged that one of the said persons suddenly snatched the gold necklace worn by her grandmother, valued at approximately ₹85,000/-, and both the accused persons attempted to flee on a scooter bearing registration No. CG-13-AT-
9561. When the complainant and her grandmother tried to apprehend them, one of the accused allegedly brandished a red- coloured pistol and pushed the complainant's grandmother before fleeing from the spot. During the course of investigation, the present applicant was arrested on 08.03.2026 in connection with the aforesaid incident and after completion of investigation, charge- sheet has been filed against him for the offences punishable under Sections 304, 204, 309(4) and 3(5) of the Bharatiya Nyaya Sanhita.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant has not been named in the FIR and the assailants were unknown persons. It is submitted that the complainant had merely described the colour of the T-shirts allegedly worn by the offenders and had not identified the applicant. 3 It is further submitted that no test identification parade was conducted, no incriminating article has been seized from the possession of the applicant and his alleged memorandum statement is inadmissible in evidence. Learned counsel further submits that the investigation has been completed, charge-sheet has already been filed before the competent Court, no further custodial interrogation of the applicant is required and the applicant has been in judicial custody since 08.03.2026, has no criminal antecedents and the trial is likely to take considerable time for its conclusion. It is, therefore, prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the applicant is involved in a serious offence of robbery committed by impersonating a police officer and threatening the victim with a firearm. It is further submitted that during the course of investigation sufficient material has been collected against the applicant and considering the nature and gravity of the allegations, no case for grant of bail is made out. Hence, the present bail application deserves to be rejected. 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, nature of the allegations, period of detention of the applicant since 08.03.2026, the fact that the investigation has been completed and charge-sheet has already been filed before the competent Court, no further custodial interrogation of the applicant is required and no
4 incriminating article has been seized from the possession of the applicant, the applicant was not named in the FIR, he has no previous criminal antecedents and the trial is likely to take considerable time for its conclusion, therefore, without commenting anything on the merits of the case, I am inclined to grant bail to the applicant. 7. Accordingly, the bail application filed by the applicant is allowed. 8.
Let the applicant –Chamar Singh Yadav, involved in Crime No. 86/2026 registered at Police Station Chakradhar Nagar, District Raigarh (C.G.), for the offences punishable under Sections 304, 204, 309(4) and 3(5) of the Bharatiya Nyaya Sanhita, 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 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
5 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, 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 send a certified copy of this order to the trial Court for necessary information and compliance. dirurt fo forthwith. -
S/- Sd/-
(Ramesh Sinha)
Chief Justice Kunal