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2026 DAILYLAW 31519 (CHH)

KRISHNA YADAV @ BOBY v. STATE OF CHHATTISGARH

MCRC/7487/2026 · 2026-08-12

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Judgment text

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1 CGHC010304192026 2026:CGHC:36001 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7487 of 2026 Krishna Yadav @ Boby Son Of Rajukumar Yadav, Aged About 19 Years Resident Of Ramlila Chowk Khamhardih, Tahsil And District- Raipur Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Abhanpur, Raipur, District- Raipur (C.G.) ... Non-applicant _____________________________________________________ For Applicant :Ms. Khushbu Sahu, Advocate. For Non-applicant/State :Ms. Smriti Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.08.2026 1. The Applicant has preferred this 1st 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.49/2026 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.08.14 11:15:58 +0530 2 Station – Abhanpur, Raipur, District Raipur (C.G.), for the offence under Sections 331(3), 305(a) and 3(5) of BNS. 2. The prosecution case, in brief, is that the Applicant, along with other co-accused persons, allegedly broke open the lock of the complainant's house and committed theft of cash amounting to Rs.65,000/-, one pair of gold earrings, one gold ring, two pairs of old-used gold ornaments, six pairs of silver anklets, 35 pairs of silver toe rings, eight pairs of silver bangles belonging to a child, one silver chain, one silver waistband (kardhan), two pairs of silver anklets belonging to a child and a silver necklace weighing about 10 tolas, collectively valued at approximately Rs.1,35,000/-. The case diary and documents available on record indicate the alleged involvement of the Applicant in the commission of the offence. It is further alleged that the Applicant has also been involved in another offence of similar nature and that the present offence was committed after breaking open the lock and entering the house. Accordingly, the offences were registered and investigation was taken up and the Applicant was duly arrested. Hence this application. 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 Applicant has been in 3 custody since 06.05.2026 and the prosecution case is primarily based on the material collected during investigation. She further submits that the alleged stolen articles are yet to be proved by cogent and reliable evidence and that the Applicant deserves to be enlarged on bail, particularly as the trial is likely to take considerable time for its conclusion. 4. On the other hand, learned State Counsel opposes the bail application and submits that apart from the antecedent mentioned in the bail application, the Applicant has one more previous criminal antecedent. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature of allegations, the period of custody of the Applicant since 06.05.2026 and the trial is likely to take considerable time for its conclusion, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 7. Let Applicant- Krishna Yadav @ Boby involved in Crime No. 49/2026 registered at Police Station – Abhanpur, Raipur, District Raipur (C.G.), for the offence under Sections 331(3), 4 305(a) and 3(5) of 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/she 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/her counsel. In case of his/her absence, without sufficient cause, the trial court may proceed against him/her 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/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 him/her, 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/her in accordance with law. 5 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 Priya