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2026 DAILYLAW 27291 (CHH)

Thanesh Das alias Pappu Manikpuri v. STATE OF CHHATTISGARH

MCRC/4205/2026 · 2026-07-14

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Judgment text

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1 CGHC010173722026 2026:CGHC:30025 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4205 of 2026 Thanesh Das Alias Pappu Manikpuri S/o- Pappu Alias Santosh Das Aged About 29 Years R/o- Ward No. 18, Teachers' Colony, Tilda- Nevra, District- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Tilda- Nevra, District- Raipur (C.G.) ... Non-applicant For Applicant : Ms. Vedagni Jangde, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/07/2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 58/2025 registered at Police Station - Tilda- Nevra, District- Raipur (C.G.), for the offence punishable under Sections 115(2), 127(2), 140(3), 296, 309(6), 140(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act. 2. The prosecution case, in brief, is that a complaint was lodged by Lal Chand Paswan at Police Station Tilda–Nevra alleging that, on 08.02.2025, he was transporting 580 sacks of rice in Truck No. CG 04 PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.16 11:37:56 +0530 2 LC 9499 from Salasar Road Lines, Nevra to the Railway Station rake point. After unloading the rice sacks, while he was returning with the truck to Salasar Road Lines, Nevra, at about 11:15 p.m., a red-coloured Swift car bearing Registration No. CG 04 DA 8055, occupied by the driver and two other persons, allegedly collided with the truck and blocked its path. It is alleged that the occupants of the car falsely accused the complainant of causing the accident, abused him, forcibly dragged him out of the truck, and threatened him. Thereafter, the complainant was allegedly wrongfully confined in the said car. However, he somehow managed to escape and subsequently lodged the FIR. On the basis of the said report, the police registered an offence against the accused persons under Sections 115(2), 127(2), 140(2), 140(3), 296 and 309(6) of the Bharatiya Nyaya Sanhita, 2023, as well as Sections 25 and 27 of the Arms Act, and commenced the investigation. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has already been filed before the competent Court. She further submits that the applicant has been in judicial custody since 09.02.2025. It is also submitted that, although the applicant has 15 previous criminal antecedents, some of those cases are old and stale, and an explanation in respect thereof has been furnished by way of an affidavit filed along with the present bail application. It is further contended that the conclusion of the trial is likely to take considerable time and, therefore, the applicant deserves to be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the charge-sheet has been filed. He also submits that the applicant has 15 previous criminal antecedents, hence the applicant is not entitled for grant of bail. 3 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 and gravity of the offence, period of detention of the applicant since 09.02.2025, the fact that the charge-sheet has already been filed before the competent Court, the applicant has 15 previous criminal antecedents, some of those cases are old and stale, and the conclusion of the trial is likely to take some time, this Court is inclined to allow the present application. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant – Thanesh Das Alias Pappu Manikpuri, involved in Crime No. 58/2025 registered at Police Station – Tilda - Nevra, District- Raipur (C.G.), for the offence punishable under Sections 115(2), 127(2), 140(3), 296, 309(6), 140(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act, be released on bail on his furnishing a personal bond with two heavy 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. 4 (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. 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 Preeti