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2026 DAILYLAW 27768 (CHH)

VIKKI @ VIRENDRA VARMA v. STATE OF CHHATTISGARH

MCRC/6439/2026 · 2026-07-19

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Judgment text

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1 CGHC010272002026 2026:CGHC:30621 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6439 of 2026 Vikki @ Virendra Varma S/o Rajkumar Varma Aged About 24 Years R/o Halal Chauk, Gali No. 14, Near Divya Lok Apart, Thana- Kalamna, Distt Nagpur M.H. ... Applicant versus State of Chhattisgarh Through SHO, Thana Sarswati Nagar, Distt Raipur Chhattisgarh ... Non-Applicant For Applicant : Mr. Samir Singh, Advocate. For Non-Applicant/State : Mr. Priyank Rathi, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/07/2026 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. 22/2026 registered at Police Station- Saraswati Nagar, District- Raipur (C.G.), for the offence punishable under Sections 331(4), 305(A), 317(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that on 20.01.2026, the complainant, namely, Vikash Tiwari, lodged a report alleging that on 17.01.2026, some unknown person(s) had unlawfully entered his house and committed theft of gold and silver ornaments along with cash amounting to Rs.1.84 lakh. Pursuant to the said report, an FIR was registered, and during the course PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.21 14:57:57 +0530 2 of investigation, the police arrested the present applicant for the alleged commission of the offence. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant has been in judicial custody since 29.04.2026. It is further submitted that the applicant has been implicated solely on the basis of the memorandum statement of a co-accused. Learned counsel further submits that the co-accused has already been granted bail by this Court vide order dated 10.07.2026 passed in MCRC No. 5600 of 2026. With regard to the applicant's criminal antecedents, it is submitted that Crime No. 128/2024 has also been registered against him, however, the said case was listed today at Serial No. 22, and the applicant has been granted bail therein by this Court today. It is lastly submitted 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 further submits that the applicant has one previous criminal antecedent of similar nature, it is prayed that no case for grant of bail is made out and the application deserves to be rejected. 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 29.04.2026, the fact that the charge-sheet has already been filed before the competent Court and so far as the criminal antecedents of the applicant are concerned, Crime No. 128/2024 has also been registered against him, however, the said case was listed today at Serial No. 22, and 3 the applicant has been granted bail therein by this Court today and the conclusion of the trial is likely to take some time, therefore, without commenting anything on the merits of the case, this Court is inclined to allow the present application. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant – Vikki @ Virendra Varma, involved in Crime No. 22/2026 registered at Police Station- Saraswati Nagar, District- Raipur (C.G.), for the offence punishable under Sections 331(4), 305(A), 317(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a 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 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 4 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