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2026 DAILYLAW 32528 (CHH)

KESHAV PRASAD CHANDRA v. STATE OF CHHATTISGARH

MCRC/7374/2026 · 2026-08-12

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Judgment text

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1 CGHC010300942026 2026:CGHC:35965 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7374 of 2026 Keshav Prasad Chandra S/o Late Shri Jawahar Chandra Aged About 35 Years R/o Village Bargaon, Police Station Nawagarh, District Janjgir-Champa (Chhattisgarh) ... Applicant versus State of Chhattisgarh Through Station House O6cer, Police Station Nawagarh, District Janjgir- Champa (Chhattisgarh) ... Non-applicant For Applicant : Mr. Ashutosh Trivedi, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.08.2026 1. This is the Second bail application ;led 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. 473/2025 registered at Police Station – Nawagarh, District – Janjgir – Champa (C.G.) o@ence under Sections 304(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The earlier bail application of the applicant being MCRC No. 3227 of 2026 was rejected on merits by this Court vide order dated 09.04.2026. 3. The prosecution story, in brief, originates from an alleged incident wherein the complainant, Ramkumar Chandra, claimed that, while travelling with cash amounting to Rs. 80,500/- to visit a relative, he was ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.08.14 16:52:19 +0530 2 intercepted by the applicant and his nephew near the applicant’s residence. It is alleged that the applicant stopped the complainant’s motorcycle, abused him, threatened him with a sharp-edged weapon, and forcibly snatched cash amounting to Rs. 80,500/- along with his motorcycle. The applicant was subsequently arrested on 28.01.2026. 4. Learned counsel for the applicant submits that this is the second bail application ;led on behalf of the applicant and that his ;rst bail application was rejected by this Court in MCRC No. 3227 of 2026 vide order dated 09.04.2026. He further submits that the actual incident was that the applicant had lent a sum of Rs.60,000/- to the complainant. On the date of the alleged incident, i.e., 11.10.2025, the applicant met the complainant and asked him to repay the said amount. Upon this, the complainant got annoyed and left his motorcycle with the applicant, asking him to sell the same and recover the amount due to him. Thereafter, the applicant took the motorcycle to the police station and also submitted an application in this regard before the concerned police station. He further submits that, after some time, the complainant lodged a false complaint against the applicant, which resulted in registration of the present FIR. He further submits that the applicant has only one criminal antecedent under the BNS, in which he has already been granted bail, and the same has been duly explained in Part D of the present bail application. He also submits that there are 10 prosecution witnesses in the present case, none of whom has been examined so far. The applicant has been in judicial custody since 28.01.2026, and the conclusion of the trial is likely to take some time. Therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned State counsel opposes the bail application and submit that the charge-sheet has been ;led in the present case 3 before the competent Court. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, the nature of the allegations, and the material available on record, and further considering that the applicant has been in judicial custody since 28.01.2026, there are 10 prosecution witnesses in the present case and none of them has been examined so far, and the conclusion of the trial is likely to take considerable time, coupled with the fact that the applicant has only 01 criminal antecedent under the BNS, in which he has already been granted bail, this Court is of the considered view that the applicant deserves to be enlarged on regular bail. 8. Accordingly, the second bail application is allowed. 9. Let the Applicant – Keshav Prasad Chandra involved in Crime No. 473/2025 registered at Police Station – Nawagarh, District – Janjgir – Champa (C.G.) o@ence under Sections 304(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall ;le an undertaking to the e@ect that he shall not seek any adjournment on the dates ;xed 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 ;xed, either personally or through his 4 counsel. In case of his absence, without su6cient 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 ;xed 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 ;xed 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 su6cient 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. 10.O6ce is directed to send a certi;ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek