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2026 DAILYLAW 28166 (CHH)

ADESH BHASKAR v. STATE OF CHHATTISGARH

MCRC/6524/2026 · 2026-07-20

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Judgment text

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1 CGHC010271872026 2026:CGHC:30956 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6524 of 2026 Adesh Bhaskar S/o Rajesh Bhaskar Aged About 26 Years R/o Bendarkona, Thana Civil Line Korba, District Korba, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through SHO Thana Civil Line Rampur, District – Korba, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Samir Singh, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 196/2026, registered at Police Station – Civil Line, District – Korba (C.G.) for the offence punishable under Sections 331(4), 305(A) and 3(5) of the BNS. 2. The case of the prosecution, is that on 12.03.2026 the complainant namely Amit Diwakar lodged the report that at last night, unknown persons entered into his house and theft silver and cash Rs. 5,000/- total amounting to Rs. 60,000/-, thereafter report has been lodged and the Police has been arrested the applicant for the alleged commission of offence. Hence, this application. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are four criminal antecedents of the applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 15.03.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are four criminal antecedents of the applicant, the charge-sheet has been filed in this case, and the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are four criminal antecedents of the applicant, the charge-sheet has been filed in this case, the applicant is in jail since 15.03.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant – Adesh Bhaskar, involved in Crime No. 196/2026, registered at Police Station – Civil Line, District – Korba (C.G.) for the offence punishable under Sections 331(4), 305(A) and 3(5) of the BNS, 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:- 3 (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 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 Rajshekhar