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2026 DAILYLAW 26259 (CHH)

MANSAI KHARASNIHA v. STATE OF CHHATTISGARH

MCRC/6152/2026 · 2026-07-09

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Judgment text

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1 CGHC010263752026 2026:CGHC:28943 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6152 of 2026 • Mansai Kharasniha Son Of Shri Golanram, Aged About 29 Years R/o. Village Shivprasad Nagar, Chowki Basdayee, Police Station Surajpur, District Surajpur (C.G.) ... Applicant versus • State Of Chhattisgarh Through The Station House Officer, Police Chowki Basdayee, Police Station Surajpur, District Surajpur (C.G.) ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Pushpendra Kumar Patel, Advocate. For State/Non-applicant : Ms. Smriti Shrivastava, P.L. 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.238/2026 registered at Chowki Basdayee, Police Station Surajpur, District Surajpur (C.G.) for the offence punishable under Sections 305(A), 331(4) ,111 and 3(5) of BNS, 2023. 2. Case of the prosecution, in brief, is that complainant has lodged a written complaint before the concerned police station mentioning therein that some unknown persons have committed theft in his shop by breaking the backside door of his shop. Based on the above facts, DEEPTI JHA Digitally signed by DEEPTI JHA 2 crime was registered against the present applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime question. It is further submitted that prima facie case is not made out against the present applicant. It is further submitted that complaint was filed against some unknown persons. He fairly submits that there are two criminal antecedents registered against the present applicant out of which one is disposed of. Applicant is in jail since 13.04.2026 and the charge sheet has already been filed, the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge sheet has been filed in the present case before the competent Court and there were two criminal antecedents registered against the present applicant, out of which one is disposed of, therefore, the present applicant is not entitled for grant of bail. 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 and the fact that the applicant has two criminal antecedents registered against him, out of which one is disposed of. Further, considering the fact that applicant is aged about 29 years, who is in jail since 13.04.2026 and the charge sheet has already been filed in the present case, this Court is of the view that the applicant is entitled to be 3 released on bail in this case 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Mansai Kharasniha, involved in Crime No.238/2026 registered at Chowki Basdayee, Police Station Surajpur, District Surajpur (C.G.) for the offence punishable under Sections 305(A), 331(4) ,111 and 3(5) of BNS, 2023, be released on bail on 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 he/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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him/her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her, 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/her in accordance with law. 4 8. 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 Deepti Jha