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2026 DAILYLAW 31195 (CHH)

CHANDRA KUMAR YADAV v. STATE OF CHHATTISGARH

MCRC/7667/2026 · 2026-08-17

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Judgment text

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1 CGHC010316632026 2026:CGHC:36898 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7667 of 2026 Chandra Kumar Yadav S/o Raja Ram Yadav Aged About 27 Years R/o Sardega, Tahsil And Police Station Lailunga, District Raigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Kotra Road, District – Raigarh, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Leekesh Kumar, Advocate. For Non-applicant/State : Mr. Sumit Singh, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.08.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 02/2026, registered at Police Station – Kotra Road, District – Raigarh (C.G.) for the offence punishable under Sections 303(2), 317(2), 336(3), 340(2) and 112(2) of the BNS. 2. The case of the prosecution, is that on 02.01.2026, the complainant lodged a report alleging theft of his motorcycle bearing Registration No. CG13 AD-0218. On the basis of the said report, Crime No. 02/2026 was registered at Police Station Kotra Road, District Raigarh. During investigation, the police received information from Police Station Punjipathra that the stolen motorcycle had been seized in connection with Crime No. 09/2026. It is alleged that the applicant, along with the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 co-accused, was involved in an organized racket of stealing motorcycles, preparing fake number plates and forged registration documents, and selling the stolen vehicles by using such fabricated documents as genuine. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the co-accused persons have been granted bail by this Court vide order dated 14.07.2026 passed in MCRC Nos. 5223/2026 and 5246/2026. The applicant is in jail since 18.03.2026 and trial is likely to take quite long time for its conclusion, therefore, on the ground of parity he may be granted bail. 4. On the other hand, learned State counsel opposes the bail application of the applicant, but could not dispute the fact that co-accused persons have already been granted bail by this Court and the case of the present applicant is identical to that of the co-accused. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, and the fact that the co-accused persons have been granted bail by this Court vide order dated 14.07.2026 passed in MCRC Nos. 5223/2026 and 5246/2026, and the applicant is in jail since 18.03.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application, on the ground of parity. 7. Let applicant – Chandra Kumar Yadav, involved in Crime No. 02/2026, registered at Police Station – Kotra Road, District – Raigarh 3 (C.G.) for the offence punishable under Sections 303(2), 317(2), 336(3), 340(2) and 112(2) of the BNS, 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 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 Rajshekhar