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2026 DAILYLAW 30044 (CHH)

AKASH PETER v. STATE OF CHHATTISGARH

MCRC/6839/2026 · 2026-07-29

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Judgment text

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1 CGHC010271072026 2026:CGHC:32900 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6839 of 2026 Akash Peter S/o Chinnappa Peter Aged About 32 Years R/o Adarsh Nagar (Wrongly Mentioned As Number) Basna, Police Station Basna, District Mahasamund Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer Police Station Basna, District - Mahasamund Chhattisgarh ... Non-applicant For Applicant : Ms. Gayatri Chouhan, Advocate. For Non-applicant/State. : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.07.2026 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. 200/2026 registered at Police Station - Basna, District – Mahasamund (C.G.), for the offences punishable under Sections 309(4) and 309(6) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in brief, it is alleged that the complainant was returning home on his motorcycle after attending a marriage function. At about 12:15 a.m., near Basna on Gadpulni Road, two ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.31 11:11:33 +0530 2 unknown persons allegedly stopped him and demanded money. When he refused, they allegedly assaulted him. Thereafter, they allegedly snatched his black-coloured Redmi Power Bank, Rs. 500/- kept in his shirt pocket, and his Aadhaar Card, and fled from the spot. During the course of the investigation, a silver chain, the said power bank, the complainant’s Aadhaar Card, and cash amounting to Rs. 500/- were allegedly recovered from the possession of the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. She further submits that the FIR was initially registered against two unknown persons and that the present applicant has been arrested merely on suspicion, without any credible material connecting him with the alleged offence. She further submits that the applicant has 04 criminal antecedents, however, he has already been acquitted in two of those cases, while in the remaining two cases, he was sentenced only to payment of a fine of Rs.100/- each. The explanations regarding the said criminal antecedents have already been furnished in Paragraph D of the present bail application. It is further submitted that the applicant has been in judicial custody since 21.04.2026, and the conclusion of the trial is likely to take considerable time. Therefore, it is prayed that the applicant be enlarged on regular 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 submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and further considering the fact that though the applicant has 04 criminal 3 antecedents, he has already been acquitted in 02 of those cases, while in the remaining 02 cases, he was sentenced only to payment of a fine of Rs.100/- each. The explanations in respect of the said criminal antecedents have already been furnished in Paragraph D of the present bail application. Further considering that the charge-sheet has already been filed before the competent Court, the applicant has been in judicial custody since 21.04.2026, and having regard to the period of detention already undergone by him, coupled with the fact that the conclusion of the trial is likely to take considerable time, this Court is of the view that the applicant deserves to be enlarged on regular bail. 7. Let the Applicant – Akash Peter, involved in Crime No. 200/2026 registered at Police Station - Basna, District – Mahasamund (C.G.), for the offences punishable under Sections 309(4) and 309(6) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two 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 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 4 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 Abhishek