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2026 DAILYLAW 26021 (CHH)

RAJAT YADAV v. STATE OF CHHATTISGARH

MCRC/5243/2026 · 2026-07-09

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Judgment text

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1 CGHC010221232026 2026:CGHC:29024 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5243 of 2026 Rajat Yadav S/o Munna Yadav Aged About 26 Years R/o Patharkhanbhatha Police Station and Tehsil Bilha, District – Bilaspur, C.G. ... Applicant versus State of Chhattisgarh Through- Police Station Bilha District Bilaspur C.G. ... Non-Applicant For Applicant : Mr. Sanjay Kumar Yadav, Advocate. For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2026 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. 251/2026 registered at Police Station – Bilha, District - Bilaspur (C.G.), for the offences punishable under Sections 331(4), 305(a) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. As per the case of the prosecution, on 09.05.2026, the complainant, namely Anant Vijay Kant, lodged a report against an unknown person stating that at about 11:00 a.m. on the same day, his neighbour, namely Sushila Jogi, informed him about the incident. Thereafter, the complainant along with his family members went to the place of occurrence and found that the lock of the house had been broken and household articles, such PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.12 12:50:26 +0530 2 as a television, refrigerator, cooler, gas cylinder, mixer, induction stove, etc., along with cash amounting to Rs.5,000/-, had been stolen. The total value of the stolen property was assessed at Rs.45,000/-. Accordingly, the Police Station Bilha registered First Information Report bearing Crime No. 251/2026 for the offences punishable under Sections 331(4) and 305(a) read with Section 3(5) of the BNS against an unknown person. During the course of investigation, the present applicant was arrested on 12.05.2026. The investigation was conducted by Police Station Bilha, and the charge-sheet had not been filed at the time of the applicant's arrest. 3. It is submitted by learned counsel for the applicant that the present applicant is innocent and has been falsely implicated in the aforesaid case. It is further submitted that the applicant is a young person aged about 26 years. It is further contended that the charge-sheet has already been filed. The applicant has no criminal antecedents. The applicant has been in judicial custody since 12.05.2026. In light of the aforesaid facts and circumstances, it is prayed that the applicant be released on regular bail. 4. On the other hand, learned State counsel opposes the bail application. She fairly endorses the fact that the applicant has no previous criminal antecedents. She further submits that cash amounting to Rs.5,000/- has been recovered from the possession of the applicant. Therefore, the applicant is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature of allegations, and the material available on record, particularly the fact that the charge-sheet has already been filed, that the applicant has no previous criminal antecedents and that the applicant has been in 3 custody since 12.05.2026, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the Applicant – Rajat Yadav, involved in Crime No. 251/2026 registered at Police Station – Bilha, District - Bilaspur (C.G.), for the offences punishable under Sections 331(4), 305(a) and 3(5) of Bharatiya 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (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 her 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 Preeti