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2026 DAILYLAW 35481 (CHH)

JEEVAN BARAL v. STATE OF CHHATTISGARH

MCRC/7571/2026 · 2026-09-09

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010306202026 2026:CGHC:39653 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7475 of 2026 * - Ayush Dhali S/o Asim Dhali Aged About 26 Years R/o- Bhagwanpur Bhatti Road, P.S. Gandhinagar, District- Surguja, (C.G.) --- Applicant Versus * - State Of Chhattisgarh Through- Station House Officer, Police Station- Gandhinagar, District- Surguja (C.G.) --- Non-Applicant And MCRC No. 7571 of 2026 * - Jeevan Baral S/o Vinay Baral Aged About 31 Years R/o Chathirma, Gaushala Road Ambikapur, Police Station- Gandhinagar, District- Surguja (C.G.) --- Applicant Versus * - State Of Chhattisgarh Through Station House Officer, Police Station- Gandhinagar, District- Surguja (C.G.) (Wrongly Mentioned Gandhinagar Dehat In Annexure A/2) --- Non-Applicant And MCRC No. 8106 of 2026 * - Dilip Choudhary S/o Ajay Das Aged About 28 Years R/o Near Primary School, Sattipara Sheetla Ward, Police Station- Ambikapur, District Surguja, Chhattisgarh. --- Applicant Versus * - State Of Chhattisgarh Through Station House Officer, Police Station- Gandhinagar, District Surguja, Chhattisgarh. --- Non-Applicant Digitally signed by RAMESH KUMAR VATTI Date: 2026.09.11 14:54:06 +0530 2 For Respective Applicants : Mr. Vivekanand Samaddar, Advocate and Mr. Ram Vifal Ram Rajwade, Advocate For Non-Applicant : Mrs. Supriya Upasane, Government Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 10/09/2026 1. Heard. 2. Admit. 3. With the consent of learned counsel for the parties, these bail applications are heard finally. 4. Since these bail applications arise out of same crime number, they are being disposed of by this common order. 5. These are the first bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.151/2026 registered at Police Station Gandhinagar, District Surguja (C.G.) for the offence under Sections 317 (4), 318 (4) & 61 (2) of the BNS. 6. The prosecution case, in brief, is that co-accused namely, Rahul Gupta was arrested with large number of passbooks and account holder details and during investigation, the account holders were arrested whose accounts were used by said Rahul Gupta. It is alleged that the accused persons had given their bank account details through their friends and in turn, the accused persons received commission. 3 Thereafter, FIR was registered against the applicants. Hence these bail applications. 7. It has been argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the crime. The present applicants have been made accused only for the reason that they had provided their account details to other accused persons and their credentials were used to open account in the bank by Rahul Gupta and Ashutosh Sharma, who have been granted bail by the trial Court. It is also argued that the accused persons namely- Akash Tirkey, Rahul Gupta and Ankush Minj have already been granted regular bail by the coordinate bench of this Court by common order dated 11.08.2026 passed in MCRC No. 6405/2026, MCRC No. 7043/2026 and MCRC No. 6546/2026. It is contended that the applicants do not have any criminal antecedents, they are in jail since 17.05.2026 & 20.05.2026 respectively, therefore, the applicants may be released on bail. 8. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail applications. Apart from that, the applicants do not have any criminal antecedents. 9. I have heard learned counsel appearing for the parties and perused the case diary. 10. Taking into consideration the facts and circumstances of the case, and the fact that the other accused persons namely- Akash Tirkey, Rahul Gupta and Ankush Minj have already been granted regular bail by the coordinate bench of this Court, the applicants do not have any criminal antecedents, which is mentioned in the bail application, they are in jail since 17.05.2026 & 20.05.2026 respectively and conclusion of trial is 4 likely to take some time, this Court is of the view that the applicants are entitled to be released on bail in the present case. Accordingly, the Applications are allowed. 11. Accordingly, the Applications are allowed. 11. Let the Applicants – Ayush Dhali, Jeevan Baral and Dilip Choudhary, involved in Crime No.151/2026 registered at Police Station Gandhinagar, District Surguja (C.G.) for the offence under Sections 317 (4), 318 (4) & 61 (2) of the BNS, be released on bail on each of them furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his 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 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 5 against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 them in accordance with law. 12. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Rakesh Mohan Pandey) Judge vatti