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2026 DAILYLAW 31645 (CHH)

BUNDAR DEWAR @ SUNDER v. STATE OF CHHATTISGARH

MCRC/7687/2026 · 2026-08-18

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Judgment text

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1 CGHC010303382026 2026:CGHC:37143 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7687 of 2026 Bundar Dewar @ Sunder S/o Taren Dewar Aged About 19 Years R/o Dewarbasti Kukurbeda, P.S. Saraswati Nagar, Distt. Raipur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Saraswati Nagar, Raipur, Distt. Raipur, Chhattisgarh. ...Non-applicant _____________________________________________________ For Applicant :Mr. Rekhraj Baghel, Advocate. For Non-applicant/State :Mr. Shailendra Sharma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.08.2026 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 SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.08.20 11:13:02 +0530 2 connection with Crime No.39/2026 registered at Police Station – Saraswati Nagar, Raipur District Raipur (C.G.), for the offences under Sections 309(4), 311 and 351 of BNS as also under Sections 25 & 27 of the Arms Act. 2. As per the prosecution case, on 09.02.2026 at about 01:00 a.m., the complainant was travelling in an Eco Sports car belonging to his friend Ankur Nag along with his other friends and having lost their way, parked the car on the road and proceeded towards Dewarpara to enquire about the route. It is alleged that four persons took them inside on the pretext of showing them the way and after reaching inside, threatened them with a knife and committed robbery by taking a gold ring weighing about 3 grams, one sapphire stone and Rs.500/- in cash from the complainant and ear-buds and Rs.1,000/- in cash from his friend Vishisht, collectively valued at approximately Rs.29,000/-. It is further alleged that the Applicant, along with the other co-accused, actively participated in the commission of the robbery while armed with a deadly weapon and was in possession of the prohibited knife used in the commission of the offence. Based on these allegations, the offences as mentioned above have been registered against the present Applicant. Hence this application. 3 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is contended that no stolen article or weapon has been seized from the Applicant and his implication is based merely on suspicion and the memorandum statement, without any independent incriminating material. He further submits that no test identification is done, the Applicant is in custody since 11.02.2026 and co-accused Sahil Sen @ Shera has already been granted bail by this Court vide order dated 10.07.2026 passed in MCRC No.5172/2026, therefore, he may also be granted regular bail on the ground of parity. 4. On the other hand, learned State Counsel opposes the bail application and submits that the stolen gold ring has been recovered at the instance of the Applicant. 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 fact that the Applicant is in custody since 11.02.2026, no test identification has been conducted, and co-accused Sahil Sen @ Shera has already been granted bail by this Court vide order dated 10.07.2026 passed in MCRC No.5172/2026, without further commenting 4 anything on the merits of the case, this Court is of the considered opinion that the Applicant is entitled to the benefit of parity. Accordingly, the bail application is allowed. 7. Let Applicant- Bundar Dewar @ Sunder involved in Crime No.39/2026 registered at Police Station – Saraswati Nagar, Raipur District Raipur (C.G.), for the offences under Sections 309(4), 311 and 351 of BNS as also under Sections 25 & 27 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/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 5 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. 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