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2026 DAILYLAW 34061 (CHH)

SUBAN ROHIDAS v. STATE OF CHHATTISGARH

MCRC/6945/2026 · 2026-08-30

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Judgment text

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1 CGHC010294562026 2026:CGHC:38421 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6945 of 2026 Suban Rohidas S/o Amarsay Rohidas Aged About 30 Years R/o Village Kasaipali, Thana Dipka, District Korba (C.G.) ...Applicant versus State Of Chhattisgarh Through - Police Station Dipka, District Korba (C.G.) ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.08.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 304/2026 registered at Police Station - Dipka, District Korba (C.G.) for the offence punishable under Sections 305(a), 331(4), 324(5) & 3(5) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.09.01 11:07:28 +0530 2 2. The prosecution case, in brief, is that on 05.07.2026, the complainant, namely Mahadev Rao Uprikar, who is working as a Supervisor with Bharat Rail Auto Mission Company, lodged a written report against an unknown person, alleging that the said unknown person had committed theft of Rs.7,000/- from the cabin of the company and had also caused damage to the company's property to the tune of approximately Rs.1,00,000/-. On the basis of the said written complaint, the police registered FIR/Crime No. 304/2026 against an unknown person for the offences punishable under Sections 331(4), 305(A), 324(5) and 3(5) of the B.N.S. During the course of investigation, the police arrested the present applicant in connection with the aforesaid offence. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case and has no connection with the alleged crime. It is further submitted that the applicant is aged about 30 years and is working as a labourer. Learned counsel submits that the applicant has been implicated in the present case merely on the basis of the memorandum of the co- accused and that he is in custody since 05.07.2026. It is further submitted that no stolen article or money has been seized from the possession of the applicant. Learned counsel also submits that the supervisor himself had committed theft of the articles and money belonging to the company and, in order to conceal his own act, lodged a false report against an unknown person. It is further submitted that the case is triable by the Judicial Magistrate First Class, the applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with the 3 prosecution evidence, and he is ready to abide by all the terms and conditions that may be imposed by this Hon’ble Court. The applicant reserves his right to raise any other grounds at the time of hearing. 4. On the other hand, learned counsel appearing for the State/non- applicant opposes the bail application and submits that the charge- sheet has already been filed before the competent Court. 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, the nature and gravity of the allegations levelled against the applicant, the fact that he has no criminal antecedents, and further considering that the charge-sheet has been filed before the competent Court, the applicant has been in judicial custody since 05.07.2026, and the conclusion of the trial is likely to take considerable time, I am inclined to grant regular bail to the present applicant. 7. Let the Applicant - Suban Rohidas, involved in Crime No. 304/2026 registered at Police Station - Dipka, District Korba (C.G.) for the offence punishable under Sections 305(a), 331(4), 324(5) & 3(5) of the BNS, be released on bail on furnishing personal bond with two local sureties each 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 4 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, 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 applicants are 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.. Sd/- (Ramesh Sinha) Chief Justice vaibhav