Extracted from the PDF above. The PDF is authoritative.
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CGHC010272362026
2026:CGHC:34199
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7136 of 2026 Dipanshu Armo @ Deep S/o Kishn Kumar Armo, Aged About 19 Years R/o Singhiya, Thana, Katghora, District Korba C.G. Present Address M.D. 31, Ward No. 12, Dipka, Thana Dipika District Korba C.G. ... Applicant
versus State Of Chhattisgarh Through Police Station Dipika, District Korba C.G.
... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State. : Ms. Smita Shrivastava, 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 01/2026 registered at Police Station Dipka, District - Korba (C.G.), for the offences punishable under Sections 331(6),310(2),118(1), 338, 340 & 111 of the Bhartiya Nyay Sanhita (BNS).
2. The prosecution case, in brief, is that on 01.01.2026, the complainant, namely Ram Kumar Gopal, lodged a report against unknown persons VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.06 10:59:13 +0530
2 stating that the said unknown persons had committed theft of electronic articles and a breaker panel near the Khadan substation on
31.12.2025. Thereafter, the complainant lodged an FIR against the unknown persons. During the course of investigation, the police arrested the co-accused persons, and on the basis of the memorandum statement of the co-accused persons, the present applicant has been implicated in the present case.
3.
Learned Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, as he has no connection with the alleged crime. It is further submitted that the applicant is aged about 19 years, has been in custody since 10.04.2026, and was earning his livelihood by doing labour work; therefore, his prolonged incarceration with hardened criminals may adversely affect his future and rehabilitation. Learned Counsel further submits that the name of the applicant does not find mention in the FIR and he has been implicated solely on the basis of the memorandum statement of the co-accused. It is also submitted that the alleged stolen articles have not been seized from the possession of the applicant.
Learned Counsel further submits that the case is triable by the Court of Judicial Magistrate First Class and that one of the co-accused has already been granted bail by this Court in M.Cr.C. No. 2815 of 2025 vide order dated 15.06.2026; therefore, the applicant is also entitled to the benefit of parity. It is further submitted that although the applicant has one previous criminal antecedent, he has already been granted regular bail in the said case by the learned Court below. The applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with the
3 prosecution evidence, and he is ready to abide by all the terms and conditions imposed by this Court. On these grounds, learned Counsel prays that the applicant may kindly be enlarged on bail. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has already been filed in the present case. However, she could not dispute the fact that identically situated co-accused person has already been granted regular bail by this Court. 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, particularly that the applicant has no criminal antecedents, further, the co-accused, namely Sahil Jaiswal, has already been granted bail by this Court vide order dated 15.06.2026 passed in MCRC No. 2815 of 2026, moreover, the fact that the charge-sheet has already been filed before the competent Court, the applicant has been in custody since 10.04.2026, and the conclusion of the trial is likely to take considerable time. Therefore, this Court is of the view that the applicant is entitled to be released on bail on the ground of parity. 7. Let the Applicant – Dipanshu Armo @ Deep, involved in Crime No. 01/2026 registered at Police Station Dipka, District - Korba (C.G.), for the offences punishable under Sections 331(6),310(2),118(1), 338, 340 & 111 of the Bhartiya Nyay Sanhita (BNS), 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
4 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 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 vaibhav