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2026 DAILYLAW 33903 (CHH)

SANJAY PANDEY v. STATE OF CHHATTISGARH

MCRC/7898/2026 · 2026-08-24

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Judgment text

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1 CGHC010329142026 2026:CGHC:38118 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7898 of 2026 Sanjay Pandey S/o Krishna Pandey Aged About 58 Years R/o Village Lalkhadan, Torwa, Police Station Torwa, District Bilaspur Chhattisgarh ... Applicant Versus State Of Chhattisgarh Through Police Station Torwa, District Bilaspur Chhattisgarh ... Respondent(s) For Applicant : Mr. Anurag Singh, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, P.L. HON'BLE MR. RAMESH SINHA, CHIEF JUSTICE ORDER ON BOARD 25.08.2026 1. This is the 1st bail application filed 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. 383/2026 registered at Police Station – Torwa, District- Bilaspur (C.G.), for the offences under Sections 296, SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.08.25 16:16:11 +0530 2 115 (2), 351 (3) and 119 (1) of BNS. 2. According to the prosecution, on 12.07.2026 at about 06:00 P.M., the present applicant/accused, Sanjay Pandey, arrived at the place of incident. He allegedly informed the complainant that from that day onward, he would collect the market dues and demanded that the complainant hand over all the money in his possession. When the complainant refused, the applicant allegedly abused him using filthy language and subsequently assaulted him with his hands and fists. It is further alleged that during the assault, the applicant threatened the complainant with dire consequences, including a threat to his life, thereby causing injuries and pain to the complainant's back and waist. On the basis of aforesaid, offence was registered against the applicant. Hence this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has been in custody since 13.07.2026. He further submits that the charge-sheet has already been filed and that the complainant has not sustained any major injury. It is also submitted that there is no likelihood of the applicant absconding or tampering with the prosecution evidence. Hence, it is prayed that the applicant be released on bail. 3 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that charge-sheet has been filed before the competent court. 5. Considering the submissions advanced by learned counsel for the parties, the nature of the allegations, the period of pre- trial detention, and further considering that the complainant has not sustained any serious injury, this Court, having regard to the overall facts and circumstances of the case and the likelihood of the trial taking considerable time to conclude, and without expressing any opinion on the merits of the case, is of the considered opinion that the Applicant deserves to be enlarged on bail. Accordingly, the application is allowed. 6. Let Applicant- Sanjay Pandey involved in Crime No. 383/2026 registered at Police Station – Torwa, District- Bilaspur (C.G.), for the offences under Sections 296, 115 (2), 351 (3) and 119 (1) 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 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. 4 (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, 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. 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 Saurabh