DEVENDRA KUMAR BANJARA @ NAYAK v. STATE OF CHHATTISGARH
MCRC/7103/2026 · 2026-08-23
body2026
DailyLaw.ai
[ 2026 DAILYLAW 31050 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 31050 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
CGHC010297782026
2026:CGHC:37924 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7103 of 2026 1 - Devendra Kumar Banjara @ Nayak, S/o Ram Prasad Banjara, Aged About 26 Years, R/o House No.185, Village- Gada Nahargaon, District Raipur, C.G. At Present- In Rented House, Devpuri, Lalpur, District- Raipur (C.G.)
Applicant (s) versus 1 - State Of Chhattisgarh Through S.H.O Police Station Pandri, Raipur, District- Raipur, C.G. Respondent(s) For Applicant (s) : Mr. Pushkar Sinha, Advocate For Respondent(s) : Ms. Ritika Verma, PL Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 24.08.2026
1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.155/2026, registered at Police Station Pandri, District Raipur Digitally signed by R NIRALA
2 (C.G.) for the offence punishable under Section 25 of the Arms Act.
2. The case of the prosecution, in brief, is that on 07.06.2026 patrolling constable of Police Station Pandri, Raipur during patrolling received information from informant that at Bada Talab, near Shiv Temple, Mowa Raipur one person has kept the iron knife and upon receiving the information raid was conducted and a sharp Knife was seized from the applicant, which was seized in front of the witness and thereafter FIR was registered against the applicant and he was arrested.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime in question. He further submitted that no weapon has been seized from the possession of the applicant. The applicant is in jail since 07.06.2026, charge sheet has been filed and trial is likely to take quite long time for its conclusion, therefore, he prays that the applicant be released on regular bail. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that there is one criminal antecedent against the applicant, as such he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused all the documents available on record. 3
6. Taking into consideration the facts and circumstances of the case, nature of allegation and further considering that the applicant is in jail since 07.06.2026, charge sheet has already been filed and conclusion of the trial is likely to take some time, therefore, without commenting anything on the merits of the case, I am inclined to allow this application. 7. Accordingly, the instant bail application of the applicant is allowed. 8. Let the Applicant – Devendra Kumar Banjara @ Nayak, involved in Crime No.155/2026, registered at Police Station Pandri, District Raipur (C.G.) for the offence punishable under Section 25 of the Arms Act, 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 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/her under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure his/her 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 his/her, 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 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/her in accordance with law.”
9. 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 Nirala