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2026 DAILYLAW 27506 (CHH)

BHANU PRATAP KHUNTE v. STATE OF CHHATTISGARH

MCRC/5969/2026 · 2026-07-14

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Judgment text

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1 CGHC010251382026 2026:CGHC:30040 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5969 of 2026 Bhanu Pratap Khunte Son Of Manohar Lal Khunte, Aged About 22 Years Resident Of Village- Hirri, Police Station-City Kotwali , Sarangarh, Tahsil - Sarangarh, District- Sarangarh-Bilaigarh (C.G.) ...Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - City Kotwali, District - Raigarh (C.G.) ...Non-applicant For Applicant : Mr. Amit Singh Chauhan, Advocate. For Non-applicant/State : Ms. Anusha Naik, Dy. G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 15.07.2026 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. 495/2025 registered at Police Station - City Kotwali, District - Raigarh (C.G.), for the offences punishable under Section 303(2),112(2) & 3(5) of the BNS. 2. The prosecution story in brief is that on 25.09.2025, the complainant VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.16 11:11:29 +0530 2 Dileshwar Manhar lodged report at Police Station, Kotwali Raigarh, alleging therein that on 18.07.2025 some unknown person has stolen his motorcycle bearing registration no. CG-11-AV-5857 from Anupam Diagnostic Centre, Raigarh. On the basis of said report, the FIR No. 495/2025 was registered against unknown person and during course of 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 although one Platina motorcycle bearing Chassis No. MD2A76AY7KWF30101 and Engine No. PFYWKF40831, and one Splendor Plus motorcycle bearing Chassis No. MBLHAW223RHA67128 and Engine No. HA11E7RHA68891 have allegedly been recovered from the possession of the applicant, on the basis of the same seizure, he has also been falsely implicated in Crime No. 428/2025 registered at Police Station Kharsia, Crime No. 357/2025 registered at Police Station Chakradharnagar, and Crime No. 339/2025 registered at Police Station Kotwali, Raigarh. It is further submitted that the charge-sheet has already been filed before the trial Court and, therefore, no further custodial interrogation of the applicant is required. The applicant is in judicial custody since 03.11.2025 in the present case (having earlier been in custody since 23.09.2025 in connection with Crime No. 339/2025 and formally arrested in the present case on 03.11.2025), and the conclusion of the trial is likely to take considerable time. It is also submitted that the applicant shall abide by all the conditions imposed by this Court, shall regularly appear before the trial Court, and shall not misuse the liberty granted to him. On these grounds, it is prayed that the applicant be enlarged 3 on bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case, and the applicant has five criminal antecedent, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the applicant, and further taking into account that the charge-sheet has already been submitted before the competent Court and the applicant has remained in jail since 03.11.2025, coupled with the fact that conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant has made out a case for grant of bail in the present matter. 7. 7. Let the Applicant – Bhanu Pratap Khunte, involved in Crime No. 495/2025 registered at Police Station - City Kotwali, District - Raigarh (C.G.), for the offences punishable under Section 303(2),112(2) & 3(5) 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. 4 (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 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