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2026 DAILYLAW 2683 (CHH)

PRITHVI SINGH SIDAR v. STATE OF CHHATTISGARH

MCRC/140/2026 · 2026-01-06

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Judgment text

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1 2026:CGHC:1037 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 140 of 2026 Prithvi Singh Sidar S/o Ranjeet Singh Sidar Aged About 21 Years R/o Malda B, P.S. And Tehsil Sarangarh, District- Sarangarh-Bilaigarh C.G. ... Applicant versus State Of Chhattisgarh Through Police Station - Sarangarh, District- Sarangarh-Bilaigarh C.G. ... Respondent For Applicant : Mr. Manoj Kumar Jaiswal, Advocate. For Non-applicant/State : Mr. Priyank Rathi, Government Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 07.01.2026 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. 576/2025 registered at Police Station - Sarangarh District Sarangarh Bilaigarh (C.G.), for the offences punishable under Section 310(2) of the BNS. 2 2. The prosecution story in brief is that, n 24.10.2025 at that time 7.00 PM the present applicants and other co-accused their committed assaulted with hand and fist from the complainant and also looted six hundred rupees case and silver ornament and mobile phone and further stated the present applicants and other co-accused they are also received money by the phone-pay from the complainant, thereafter the complainant written complaint against the unknown person before the concern police station during the investigation and trace the present applicants and other co-accused an arrest them the police has registered the case offence under section 310 (2) of B.N.S.2023. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that no offence is made out against them from the allegations levelled in the FIR. The complainant had initially lodged a complaint against unknown persons, and without following the mandatory procedure of Test Identification Parade, the police have falsely implicated the present applicants. It is further submitted that the alleged incident is said to have occurred on 24.10.2025, whereas the complaint was lodged only on 31.10.2025 after an unexplained delay of five days, which creates serious doubt about the prosecution story. The applicants have been in judicial custody since 31.10.2025, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicants, and the fact that the co-accused, namely Prabhat @ Vikki, has already been granted bail by this Hon’ble Court vide order dated 11.12.2025 passed in MCRC No. 10195 of 2025, and further taking into account that the charge-sheet has already been filed before the competent Court, and that applicant is in jail since 31.10.2025, and as the conclusion of the trial is likely to take considerable time, this Court is of the considered opinion that the applicant deserve to be released on bail in the present case. 7. Let the Applicant – Prithvi Singh Sidar, involved in Crime No. 576/2025 registered at Police Station - Sarangarh District Sarangarh Bilaigarh (C.G.), for the offences punishable under Section 310(2) of the BNS, be released on bail on his 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 his 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 4 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 vaibhav