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2026 DAILYLAW 34854 (CHH)

AMIT KUMAR BAGHEL v. STATE OF CHHATTISGARH

MCRC/7297/2026 · 2026-09-07

Shri Sachin Singh Rajput

body2026

Judgment text

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1 CGHC010305812026 2026:CGHC:39383 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7297 of 2026 Amit Kumar Baghel S/o Late Mr. Ojha Das Baghel Aged About 25 Years R/o Behind Janki Medical, Lalkhadan, Jamuna Thana, Torwa, District Bilaspur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station, Torwa, District Bilaspur Chhattisgarh ... Respondent(s) For Applicant : Mr. Yashkarn Singh, Advocate For Respondent(s) : Mr. Anand Kumar Gupta, Dy. G.A. Hon’ble Shri Justice Sachin Singh Rajput Order on Board 08/09/2026 1. The applicant has filed this second bail application under Section 483 of B.N.S.S., 2023 for grant of regular bail in connection with Crime No. 0255/2022 registered at Police Station - Torwa, District - Bilaspur (CG) for the offence punishable under Sections 380, 457, 411 of the IPC, 1860. 2. Case of the prosecution in brief is that the complainant has lodged MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2026.09.08 17:16:12 +0530 2 the FIR against the unknown persons regarding the theft of gold ornaments and cash amount from his house and during the investigation police has arrested the applicant and FIR has been registered against present applicant. 3. Learned counsel for the applicant submits that the applicant had earlier filed an application under Section 439 of Cr.P.C. and this Court vide its order dated 25.01.2023 passed in MCRC No. 10695 of 2022 allowed the said bail application and granted regular bail to the applicant with the condition that he shall appear before the Trial Court regularly on each and every date, unless exempted from appearance and shall not make any attempt to tamper or influence with the prosecution witnesses. He thus, submits that if the bail is granted to the applicant he would regularly appear before the learned Trial Court on each and every date, unless exempted from appearance. However, on three occasions, the applicant on account of unavoidable circumstances could not appear before the learned trial court and his counsel also did not informed him with regard to the further date of appearance before the trial court. Hence, the learned trial court has issued non- bailable warrant against the present applicant and he was arrested on 04.04.2026. He further submits that earlier the applicant was arrested on 28.06.2022 and remained in judicial custody for about 6 months and presently also he has spent more than 5 months of judicial custody totaling to around 10 months. He submits that the applicant will regularly appear before the learned 3 trial court. 4. Per contra, Mr. Anand Kumar Gupta, learned State counsel opposes the bail application and submits that he has some past criminal antecedents and thus, looking to the nature of allegations, the bail application may be rejected. 5. I have heard learned counsel for the parties and considered their rival submissions. 6. It is not in dispute that after spending about 6 months in jail, this Court has allowed the first bail application of the present applicant on 25.01.2023. It appears that from 2023 to 2026, the applicant was appearing before the learned trial court and presently is in jail since 04.04.2026. 7. In view of the above facts of the case looking to the nature of allegations, period of detention of the applicant, this Court is inclined to allow this bail application. Accordingly, the bail application is allowed. 8. Let the applicant- Amit Kumar Baghel, involved in Crime No. 0255/2022 registered at Police Station- Torwa, District- Bilaspur, C.G. for the aforesaid offences, be released on bail on his furnishing a personal bond for a sum of Rs. 25,000/- with one solvent surety to the satisfaction of the concerned trial court, he shall be released on bail, on following conditions: • He shall appear before the trial court on each and every date, unless exempted from appearance. • He shall not make any attempt to tamper with the prosecution 4 witnesses. 9. If any of the conditions is violated by the applicant, learned trial Court is at liberty to cancel the bail granted to the applicant. SD/- (Sachin Singh Rajput) JUDGE Madhurima