Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 29508 (CHH)

DURGESH DAS MANIKPURI v. STATE OF CHHATTISGARH

MCRC/5633/2026 · 2026-07-27

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010218972026 2026:CGHC:32393 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5633 of 2026 Durgesh Das Manikpuri S/o Lakhan Das Aged About 19 Years R/o Village - Pahanda Limahi, Police Station - Balodabazar, District - Balodabazar- Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Balodabazar, District - Balodabazar-Bhatapara (C.G.) ... Non-applicant For Applicant : Mr. Satya Prakash Verma, Advocate appeared through V.C. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.07.2026 1. This the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who has been arrested in connection with Crime No. 336/2026 registered at Police Station – Balodabazar, District – Balodabazar - Bhatapara (C.G.), for the offences punishable under Sections 109(1), 296, 115(2), 351(2), 61(2), 191(2), 191(3),190 & 3(5) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.29 14:34:42 +0530 2 2. The prosecution case, in brief, is that on 23.04.2026 the complainant Bhimbali Sahu lodged report at Police Station, Balodabazar, alleging therein that on 21.04.2026 he uploaded the message in Instagram to the effect that he will kill to Rahul Bharti & Rahul Jaykar, upon which, on same day, the accused Rahul Bharti, Manu Sahu, Anurag Banjare & their companion caught hold the complainant near Khorsi Canal, abused him with filthy language, assaulted him by hand & fist and also poured petrol upon him with intention to burn him, but as there were other came near the place of incident, therefore the accused persons run away. On the basis of said report, the aforesaid offences have been registered against the accused persons including present applicant 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the name of the present applicant does not find mention in the FIR and that he has been arrested merely on the basis of suspicion. It is further submitted that no specific overt act has been attributed to the applicant and he has not inflicted any injury upon the complainant. Learned counsel submits that the applicant is a teenage boy, and his prolonged pre-trial incarceration is likely to have a serious adverse impact on his education, future prospects, and rehabilitation. It is further argued that the applicant has been in judicial custody since 29.04.2026, the trial is likely to take considerable time to conclude, and his continued detention would serve no useful purpose. It is lastly submitted that the applicant shall regularly appear before the trial Court during the course of trial, shall not misuse the liberty granted by this Hon'ble Court, and is ready and willing to abide by all such terms 3 and conditions as may be imposed while granting him regular bail. 4. On the other hand, learned State Counsel opposed the bail application of the present applicant and submitted that the charge-sheet has already been filed he further submitted that the present applicant allegedly assaulted the injured, resulting in grievous injuries, therefore, the present applicant is not entitled to be granted regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and upon perusal of the case diary, it is observed that the injuries sustained by the injured are simple in nature. It is further noticed that the applicant has no criminal antecedents. The charge-sheet has already been filed before the competent Court, and the applicant has been in judicial custody since 29.04.2026. As the conclusion of the trial is likely to take considerable time, and without expressing any opinion on the merits of the case, this Court is of the considered view that the applicant has made out a fit case for grant of regular bail. Accordingly, the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Durgesh Das Manikpuri, involved in Crime No. 336/2026 registered at Police Station – Balodabazar, District – Balodabazar - Bhatapara (C.G.), for the offences punishable under Sections 109(1), 296, 115(2), 351(2), 61(2), 191(2), 191(3),190 & 3(5) of the BNS, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (i) The applicant shall file an undertaking to the effect that they 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav