Extracted from the PDF above. The PDF is authoritative.
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CGHC010295052026
2026:CGHC:34209
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7148 of 2026 1 - Veersingh Banjare S/o Late Shri Ramratan, Aged About 24 Years R/o Vill- Ward No. 16 Akaltara, P.S. Akaltara, Dist- Janjgir - Champa (C.G.) 2 - Ajay Patle, S/o Shri Mukunda Patle, Aged About 24 Years R/o Vill- Ward No. 16 Akaltara, P.S. Akaltara, Dist- Janjgir - Champa (C.G.) ... Applicants
versus State Of Chhattisgarh Through S.H.O. Police Station Pamgarh, Dist. Janjgir - Champa (C.G.) ... Non-applicant
For Applicants : Mr. Ravindra Sharma, Advocate. For Non-Applicant : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 05.08.2026
1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 249/2026 registered at Police Station - Pamgarh, Dist. Janjgir - Champa (C.G.) for the offence punishable under Section 305(a), 331(4) & 3(5) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.06 10:59:12 +0530
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2. The prosecution case, in brief, is that the complainant, Rishi Singh, a resident of Ward No. 18, Akaltara, lodged a report stating that he owns a rice mill namely, “Sidhivinayak Rice Mill”, situated at Village Chandipara, Hedaspur, which is surrounded by chain-link fencing. It is alleged that on 14.06.2026, the security guard informed the complainant that paddy had been scattered behind the rice mill and gunny bags filled with paddy had been found lying outside the fencing. Thereafter, on 15.06.2026, the complainant visited the spot and found that 65 gunny bags filled with paddy had been stolen. Accordingly, he lodged a report against an unknown person. It is further alleged that during the course of investigation, the memorandum statement of co- accused Raja Lahre was recorded, on the basis of which the present applicants were implicated in the alleged offence and arrested on
16.06.2026. The prosecution alleges that the offences punishable under Sections 3(5), 305(a) and 331(4) of the B.N.S. have been committed in the present case. During investigation, the alleged stolen paddy gunny bags were not seized from the possession of the present applicants. The investigation has since been completed and the charge-sheet has been filed before the competent Court.
3. Learned Counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is further submitted that the FIR was registered against an unknown person and the applicants have subsequently been implicated solely on the basis of the memorandum statement of the co-accused.
Learned Counsel further submits that the alleged stolen paddy gunny bags have not been seized from the possession of the applicants and there is no independent material connecting them with the alleged
3 offence. It is also submitted that one of the co-accused, namely Rakesh Sahu, has already been enlarged on bail by the learned Trial Court and, therefore, the applicants are also entitled to the benefit of parity. Learned Counsel further submits that the investigation has already been completed and the charge-sheet has been filed before the competent Court; hence, there is no requirement for further custodial interrogation of the applicants. It is submitted that the applicants are ready to cooperate with the further proceedings of the case, have no criminal antecedents of such nature, and have been in custody since 16.06.2026. On these grounds, learned Counsel prays that the applicants may kindly be enlarged on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant opposes the bail application and submits that the charge- sheet has already been filed before the competent Court. 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, the nature and gravity of the allegations levelled against the applicants, the fact that they have no criminal antecedents, and also considering that the charge-sheet has been filed before the competent Court and that the applicants have been in judicial custody since 16.06.2026, and further that the conclusion of the trial is likely to take considerable time, I am inclined to grant regular bail to the present applicants. 7. Let the Applicants - Veersingh Banjare and Ajay Patle, involved in Crime No. 249/2026 registered at Police Station - Pamgarh, Dist. Janjgir - Champa (C.G.) for the offence punishable under Section
4 305(a), 331(4) & 3(5) of the BNS, be released on bail on furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants 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 applicants 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 them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their 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 them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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. - Sd/-
(Ramesh Sinha)
Chief Justice vaibhav