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2026 DAILYLAW 32912 (CHH)

RAMJI MARAVI v. STATE OF CHHATTISGARH

MCRC/7213/2026 · 2026-08-05

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Judgment text

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1 CGHC010300482026 2026:CGHC:34562 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7213 of 2026 Ramji Maravi S/o Paras Ram Maravi Aged About 20 Years R/o Village Badna, P.S. Kukdur, Distt. Kabirdham Chhattisgarh ... Applicant versus State Of Chhattisgarh Through PS Kukdur, Distt. Kabirdham Chhattisgarh ... Non-applicant _____________________________________________________ For Applicant :Mr. Devesh Chandra Verma, Advocate. For Non-applicant/State :Mr. Shailendra Sharma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.08.2026 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.12/2026 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.08.07 15:22:08 +0530 2 Station Kukdur, District Kabirdham (C.G.), for the offences under Sections 309, 126(2) and 3(5) of BNS. 2. Case of the prosecution, in brief, is that on 07.02.2026 at about 5:00 p.m., the complainant, Kamal Sahu, was returning to his village from Village Pandripani in a Tata Ace (Chhota Hathi) bearing registration No. CG09/JT-4491. When he reached near the ghat section, about 2 kilometres ahead of Village Bhurbhuspani, two unknown persons intercepted his vehicle by parking a Hero Deluxe motorcycle bearing registration No. CG09/JQ-9970 across the road. It is alleged that the accused persons threatened the complainant by brandishing wooden sticks, forcibly removed Rs.5,000/- from the pocket of his trousers and fled from the spot after threatening him with dire consequences in case he reported the matter to the police. Thereafter, the complainant informed the owner of the vehicle, Durgesh Chandravanshi, about the incident. On the basis of the written report lodged by the complainant, crime was registered against two unknown persons and during investigation, the police traced the registered owner of the aforesaid motorcycle, seized the vehicle and upon enquiry, found the involvement of the present Applicant and co-accused Ajit @ Ajju in the commission of the offence. On the basis of these allegations, 3 the offences as mentioned above were registered against the present Applicant. 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 contended that the Applicant is not named in the FIR and has been implicated only during the course of investigation. It is further submitted that no incriminating article or looted amount has been recovered from the possession of or at the instance of the Applicant. He further submits that the offences alleged are triable by the Judicial Magistrate First Class, the Applicant is in judicial custody since 01.03.2026 and the trial is likely to take considerable time for its conclusion, therefore, he may be enlarged on regular bail. 4. Per contra, learned State Counsel opposes the application and submits that the present Applicant has been identified during the course of investigation and that the looted amount of Rs.5,000/- has been recovered in connection with the offence. It is further submitted that the Applicant has two previous criminal antecedents, one of which is of a similar nature and therefore, having regard to the nature of the allegations and his criminal antecedents, no case for grant of regular bail is made out. Accordingly, it is prayed that the 4 application may be rejected. 5. 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 not named in the FIR and has been implicated during the course of investigation, the offences are triable by the Judicial Magistrate First Class, the period of custody of the Applicant since 01.03.2026, the trial is likely to take considerable time for its conclusion and 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. 6. Let Applicant-Ramji Maravi involved in Crime No.12/2026 registered at Police Station Kukdur, District Kabirdham (C.G.), for the offences under Sections 309, 126(2) 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/s shall file an undertaking to the effect that he/they 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. 5 (ii) The applicant/s shall remain present before the trial court on each date fixed, either personally or through his/their counsel. In case of his/their absence, without sufficient cause, the trial court may proceed against him/them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant/s misuse/s the liberty of bail during trial and in order to secure his/their presence, proclamation under Section 84 of BNSS. is issued and the applicant/s fail/s to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant/s 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/s 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/them in accordance with law. 7. 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