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2026 DAILYLAW 31313 (CHH)

HARISHANKAR @ RAHUL DENSIL v. STATE OF CHHATTISGARH

MCRC/7455/2026 · 2026-08-12

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Judgment text

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1 CGHC010306972026 2026:CGHC:36073 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7455 of 2026 Harishankar @ Rahul Densil S/o- Budhram Densil, Aged About 34 Years, R/o- Village Sonthi, Thana Sakti, District- Sakti (C.G.) ... Applicant versus State of Chhattisgarh Through - District Magistrate Janjgir Champa, District- Janjgir-Champa (C.G.) ... Non-Applicant For Applicant : Vikas Kumar Pandey, Advocate. For Non-applicant/State : Mr. Saumya Rai, Deputy Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 13.08.2026 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. 55/2026, registered at Police Station – Champa, District- Janjgir-Champa (C.G.) for the offence punishable under Section 318(4) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that the husband of the complainant, namely Motichand Chandra, consumed poison on 07.02.2026 and was thereafter admitted to NKH Hospital, Champa for treatment. On 09.02.2026, during his treatment, the applicant met the complainant, namely Laxmin Bai Chandra, and represented himself to be a relative of PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.08.14 17:32:59 +0530 2 her husband. He further told her that the person who had consumed poison would receive an amount of Rs.6,00,000/- in cash from the Government and that a form was required to be filled out for obtaining the said amount. Thereafter, the applicant accompanied the complainant to the State Bank of India, Branch Champa, for submission of the form. The complainant handed over an amount of Rs.6,500/- to the applicant. The applicant then asked the complainant to get herself weighed and instructed her to remove her necklace and hand over her mobile phone and purse. Thereafter, the applicant fled from the spot along with the said articles. On the basis of the oral report lodged by the complainant, the police registered an FIR vide Crime No.55/2026 for the offence punishable under Section 318(4) of the B.N.S. against an unknown person. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the complainant has not identified the applicant in presence of competent authority. It is also submitted that the charge-sheet has already been filed, the applicant is in judicial custody since 01.03.2026, and he has two previous criminal antecedents under the IPC, both cases are disposed of and the same has been explained in part D of this bail application. It is further contended that the trial is likely to take a considerable period for its conclusion. Therefore, prayer has been made for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, 3 nature and gravity of allegation levelled against the applicant and the fact that the charge-sheet has already been filed, the applicant is in judicial custody since 01.03.2026, and he has two previous criminal antecedents under the IPC, both the cases are disposed of and the same has been explained in part D of this bail application, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant - Harishankar @ Rahul Densil, involved in Crime No. 55/2026, registered at Police Station – Champa, District- Janjgir-Champa (C.G.) for the offence punishable under Section 318(4) of Bharatiya Nyaya Sanhita, 2023, 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 4 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 Preeti