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2026 DAILYLAW 2866 (CHH)

AMIT BANJARE v. STATE OF CHHATTISGARH

MCRC/1309/2026 · 2026-02-04

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Judgment text

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1 2026:CGHC:6565 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1309 of 2026 Amit Banjare S/o Khilawan Banjare Aged About 19 Years R/o Gandhi Nagar Durga Chowk, Police Station- Civil Line, District Raipur C.G. ... Applicant(s) versus State Of Chhattisgarh Through Station House O2cer, Police Station Pandri, District Raipur C.G. ... Non-Applicant(s) For Applicant : Mr. Mayank Chandrakar, Advocate. For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/02/2026 1. This is the 6rst bail application 6led 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. 290/2025 registered at Police Station- Pandri, District- Raipur (C.G.), for the o<ence punishable under Sections 309(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution’s case, in brief, is that on 26.10.2025, the complainant, Prakash Yadav, lodged a complaint stating that on 23.10.2025 at about 5:03 a.m., he, along with his friend KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Chandrakumar, was going to have tea under the Mowa Overbridge. When they reached near the petrol pump beneath the overbridge, three boys riding a black Activa approached them and by threatening and intimidating them, forcibly snatched and robbed one Vivo mobile phone, a wristwatch and a silver bracelet from the complainant and his friend and then @ed away. On the basis of the complainant’s report, Police Station Pandri registered Crime No. 290/2025 for o<ence under Sections 309(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 against unknown persons. During the course of investigation, in another case bearing Crime No. 289/2025 registered under Section 309(4), co-accused Yogendra Chauhan was brought to the police station for interrogation. Upon seeing him, the complainant identi6ed him. The memorandum statement of the said co-accused was recorded, wherein he confessed that on 23.10.2025, he, along with his associates/applicant Amit Banjare alias Lalla and Sumendra Sahu, had committed the robbery. On the basis of the said disclosure, the accused persons, namely Amit Banjare and Sumendra Sahu, were traced and interrogated, and they also allegedly admitted to committing the o<ence. Based upon such, aforesaid o<ences were registered against him. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that similarly situated co-accused namely Sumendra Sahu has been granted bail by this Court in MCRC No. 498/2026, vide order dated 14.01.2026 and the applicant is in jail since 27.10.2025 3 and further he has only one criminal antecedent as the same has been explained in para 4(A) of the bail application and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned State Counsel appearing for the State/non-applicant opposes the prayer for grant of bail and submits that during investigation, it has been shown that from the possession of the applicant/accused Amit Banjare, two silver bracelets and one wristwatch were seized and in the present case, charge-sheet has been 6led before the competent Court and the trial is currently in progress. Hence, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 27.10.2025 and further the fact that similarly situated co-accused namely Sumendra Sahu has been granted bail by this Court in MCRC No. 498/2026, vide order dated 14.01.2026 and in the present case, charge-sheet has been filed before the competent Court and the applicant has only one criminal antecedent as the same has been explained in para 4(a) of the bail application thus, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant – Amit Banjare, involved in Crime No. 290/2025 4 registered at Police Station- Pandri, District- Raipur (C.G.), for the o<ence punishable under Sections 309(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, 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:- (i) The applicant shall 6le an undertaking to the e<ect that he shall not seek any adjournment on the dates 6xed 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 6xed, either personally or through his counsel. In case of his absence, without su2cient 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 6xed 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 6xed for (i) opening 5 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 su2cient 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. O2ce is directed to send a certi6ed copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal