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2026 DAILYLAW 33004 (CHH)

PANKESH ANARE v. STATE OF CHHATTISGARH

MCRC/7349/2026 · 2026-08-10

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Judgment text

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1 CGHC010292792026 2026:CGHC:35341 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7349 of 2026 Pankesh Anare S/o Najru Anare, Aged About 22 Years, R/o Village Bhilwa, Faliya, Gadravat, Post Narvali, P.S. Tanda, District – Dhar, M.P. ... Applicant versus State of Chhattisgarh Through The Police Station Bastar, District - Bastar Chhattisgarh ... Non-Applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate. For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 11.08.2026 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 FIR No. 15/2024, registered at Police Station – Bastar, District - Bastar (C.G.) for the offence punishable under Sections 457, 380 and 34 of Indian Penal Code. 2. As per the case of the prosecution, on 16.02.2024, the complainant, Pravin Dhruv, lodged an FIR against an unknown person, stating that he had been residing with his family at Quarter No. G-14, Housing Board Colony, Deurgaon, Bastar, since February 2022. On 12.02.2024, his wife had gone to her parental home, and on 15.02.2024, he stayed overnight at his office due to urgent work. On 16.02.2024, upon being informed by PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.08.12 17:46:50 +0530 2 his neighbour, Pappu @ Pradeep Tiwari, that the latch of the main door had been broken, he inspected his house and found that an unknown person had committed theft of gold and silver jewellery and cash amounting to Rs.2,72,000/- from the cupboard. During the course of investigation in Crime No. 15/2024, registered at Police Station Bastar, District Bastar, the police arrested the applicant and, upon completion of the investigation, filed the charge-sheet before the competent Court. 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 nothing has been seized from the conscious possession of the applicant. His implication is based solely on the memorandum statement, without any independent recovery or corroborative evidence. It is further contended that the charge-sheet has already been filed and that the applicant has no previous criminal antecedents. He further submits that the applicant has been in judicial custody since 03.12.2025. In view of the aforesaid circumstances, learned counsel prays that the applicant be enlarged on bail. 4. On the other hand, learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. 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, the nature and gravity of the allegations levelled against the applicant, and the fact that the charge-sheet has been filed before the competent Court, the applicant has no previous criminal antecedents and he is in jail since 03.12.2025, this Court is of the opinion that the applicant is entitled to be 3 released on bail in the present case. 7. Accordingly, the bail application is allowed. Let the applicant - Pankesh Anare, involved in FIR No. 15/2024, registered at Police Station – Bastar, District - Bastar (C.G.) for the offence punishable under Sections 457, 380 and 34 of Indian Penal Code, be released on bail on his furnishing a 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 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 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, 4 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