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2026 DAILYLAW 26393 (CHH)

YAGYA KUMAR v. STATE OF CHHATTISGARH

MCRC/4809/2026 · 2026-07-08

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Judgment text

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1 CGHC010192952026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4809 of 2026 Yagya Kumar S/o Late Rajkumar Yadav Aged About 19 Years R/o Lavan, Police Station And Tehsil Lavan, District Balodabazar- Bhatapara (C.G.) ... Applicant Versus State Of Chhattisgarh Through The Police Station Lavan, District Balodabazar-Bhatapara (C.G.) ... Respondent(s) For Applicants : Mr. Munendra Kumar Sharma, Advocate For Respondent(s) : Ms. Ritika Verma, P.L. HON'BLE SHRI RAMESH SINHA, CHIEF JUSTICE ORDER ON BOARD 09.07.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he is arrested in connection with Crime No. 117/2026 registered at Police Station – SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.07.13 11:24:08 +0530 2 Lavan, District: Balodabazar-Bhatapara (C.G.), for the offence under Section 305 (A), 331 (4) and 3(5) of B.N.S. 2. That, as per prosecution story in brief is that in the intervening night of 16.04.2026 and 17.04.2026, theft was committed in ‘Rama Auto Parts’ which is a shop owned by complainant Ramadhar Kaivartya. The lock of the shop and cash box was allegedly broken and cash amount of Rs. 20,000/- was stolen. CCTV footage was collected during investigation. On the basis of the said report and during course of investigation, the applicant was arrested and crime was registered against him, leading to the filing of the present bail application. Hence this application. 3. Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the present case and is under incarceration since 17.04.2026. He further submits that no any stolen articles have been recovered from the applicant and only on the basis of suspicion, the applicant has been arrested, charge-sheet has not been filed, there is no criminal antecedents against the applicant and conclusion of trial is likely to take quite some time, therefore, he may be granted bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the charge sheet has not yet 3 been filed. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by the learned counsel for the parties, the nature of the allegations, and the fact that the applicant has been in jail since 17.04.2026, charge-sheet has not yet been filed, he has no criminal antecedents, trial will take considerable time to conclude, and without commenting on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the application is allowed. 7. Let Applicant- Yagya Kumar involved in Crime No. 117/2026 registered at Police Station – Lavan, District: Balodabazar- Bhatapara (C.G.), for the offence under Section 305 (A), 331 (4) and 3(5) of B.N.S. 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 4 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, 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. 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 Saurabh