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2026 DAILYLAW 33826 (CHH)

BHASKAR v. STATE OF CHHATTISGARH

MCRC/7400/2026 · 2026-08-16

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Judgment text

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1 CGHC010308122026 2026:CGHC:36573 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7400 of 2026 Bhaskar S/o Kadrivayl Aged About 55 Years R/o Ramji Nagar, P.S. Ramji Nagar, District- Tiruchirapalli (Tamil Nadu) ... Applicant versus State of Chhattisgarh Through Station House O,cer (S.H.O.) P.S.- Ganj, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Shalvin Sharma, Advocate For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.08.2026 1. This is the 0rst bail application 0led under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 09/2026 registered at Police Station- Ganj, Raipur, District- Raipur, (C.G.) for the o;ence punishable under Sections 305(c), 324(5), 112(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that on 12.01.2026 at about 4:00 p.m., the complainant left his house in his car bearing registration RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 No. CG-04-PI-9909 along with his brother-in-law and proceeded to Apollo Diagnostic Clinic to meet Dr. Paras Jain, where they reached at about 5:45 p.m. The complainant parked his car on the roadside in front of the clinic and went inside along with his brother-in-law. At about 6:20 p.m., upon returning to the vehicle, they found that the rear glass of the driver’s side of the car, i.e. the right rear door window, had been broken. The complainant had kept a grey laptop bag and a black sling bag on the rear seat of the car. Upon examining the CCTV footage, he noticed 4–5 persons around the vehicle, one of whom, allegedly wearing a blue shirt, was seen breaking the window glass and taking away the bags. The grey laptop bag allegedly contained cash of Rs.10,00,000/-, an old HP laptop, a used Samsung tablet and a Sony external hard disk, whereas the black sling bag contained 0ve debit and credit cards. The accused persons thereafter Ded from the spot with the stolen articles. The complainant subsequently approached Police Station Ganj along with his brother-in-law and lodged a report, on the basis of which FIR No.09/2026 was registered on 12.01.2026. During the course of investigation, the name of the present applicant surfaced in connection with the alleged o;ence and he was arrested on 17.01.2026. Upon completion of investigation, the charge-sheet was 0led on 16.03.2026. It is pertinent to mention that, as per the 0nal report submitted by the prosecution, only an amount of Rs.3,500/- comprising seven currency notes of Rs.500/- each has been seized from the possession of the present applicant/Bhaskar. Hence, the present bail application. 3 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, as he has not committed any act constituting the alleged o;ence. It is further submitted that the prosecution has failed to bring on record any cogent material to establish the ingredients of the o;ences alleged against the applicant. He further submits that the main accused, namely Kittu, has already been enlarged on bail by this Court vide order dated 20.04.2026 passed in MCRC No. 3518/2026, and similarly, co-accused A. Vinod Kumar has also been granted bail by this Court vide order dated 09.07.2026 passed in MCRC No. 4403/2026. It is also submitted that the name of the present applicant does not 0nd mention in the FIR and that he has no nexus or connection with the other co-accused persons and does not even know or associate with them, hence, he has been falsely and maliciously implicated in the present case. He further submits that, as per the 0nal report submitted by the prosecution, only an amount of Rs.3,500/-, comprising seven currency notes of Rs.500/- each, has been seized from the possession of the applicant, which is wholly disproportionate to the alleged amount of theft. It is submitted that the prosecution has cited as many as 13 witnesses, none of whom has yet been examined, and therefore, the trial is likely to take considerable time for its conclusion. He also submits that the applicant has no previous criminal antecedents and he is in jail since 17.01.2026, the charge-sheet has been 0led before the competent Court and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the 4 applicant on the ground of parity. 4. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that the charge-sheet has been 0led before the competent Court, but could not dispute the fact that co-accused persons have already been granted regular bail by this Court and the case of the present applicant is identical to that of the co-accused. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that though the allegation against the applicant is that he, along with the co-accused persons, was involved in the theft of cash and other valuables from the complainant’s car after breaking its rear window, but also considering the fact that the main accused, namely Kittu, has already been enlarged on bail by this Court vide order dated 20.04.2026 passed in MCRC No. 3518/2026, and similarly, co-accused A. Vinod Kumar has also been granted bail by this Court vide order dated 09.07.2026 passed in MCRC No. 4403/2026, and the case of present applicant is identical to that of the co-accused person, further the fact that the charge-sheet has already been 0led, he has no criminal antecedents and he is in jail since 17.012026, and the conclusion of the trial will take some more time, therefore, without expressing any opinion on the merits of the case, this Court is of the considered 5 view that the present applicant is entitled to be released on regular bail in this case on the ground of parity. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Bhaskar, involved in Crime No. 09/2026 registered at Police Station- Ganj, Raipur, District- Raipur, (C.G.) for the o;ence punishable under Sections 305(c), 324(5), 112(2) and 3(5) of the Bharatiya 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 0le an undertaking to the e;ect that he shall not seek any adjournment on the dates 0xed 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 0xed, either personally or through his counsel. In case of his absence, without su,cient 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 0xed in such proclamation, then, the trial 6 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 0xed 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 su,cient 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. O,ce is directed to provide a certi0ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan