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2026 DAILYLAW 36444 (CHH)

KRISH RAJPUT v. STATE OF CHHATTISGARH

MCRC/7117/2026 · 2026-09-20

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010295632026 2026:CGHC:40993 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7117 of 2026 1 - Krish Rajput S/o Raghunandan Rajput Aged About 19 Years R/o Shivpara, Village Purai, Police Station Utai, District Durg (C.G.) (At Present Confined In Central Jail, Durg) 2 - Raja @ Shankar Sahu S/o Narad Sahu Aged About 24 Years R/o Shivpara, Village Purai, Police Station Utai, District Durg (C.G.) (At Present Confined In Central Jail, Durg) 3 - Chetan Lal Ojha S/o Devlal Ojha Aged About 26 Years R/o Shivpara, Village Purai, Police Station Utai, District Durg (C.G.) (At Present Confined In Central Jail, Durg) 4 - Dushyant Sahu S/o Manohar Sahu Aged About 24 Years R/o Shivpara, Village Purai, Police Station Utai, District Durg (C.G.) (At Present Confined In Central Jail, Durg) --- Applicants versus State Of Chhattisgarh Through Police Station Utai, District Durg (C.G.) --- Non-Applicant For Applicants : Shri Virendra Kashyap, Advocate. For Respondent/State : Shri Nitansh Jaiswal, Deputy G.A. (HON’BLE SHRI JUSTICE RAKESH MOHAN PANDEY) Order on Board 21/09/2026 1. The applicants have preferred this First Bail Application under Section 483 of the BNSS, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.336/2026, registered at Police Station Utai, District Durg (C.G.) for the offence punishable under Digitally signed by ALLENA ANJANI KUMAR Date: 2026.09.22 10:58:43 +0530 2 Sections 303(2), 112, 3(5) of the BNS. 2. Case of the prosecution, in nutshell, is that an F.I.R. was registered at Police Station Utai, District Durg on 30.06.2026 with regard to theft of 1.5 HP motor pump from the Poultry Farm of the complainant. During investigation, the police arrested these applicants and other co- accused persons on 01.07.2026 and subsequently, registered two more Crime Nos.334/2026 and 335/2026. 3. Learned counsel appearing for the applicants would submit that the learned trial Court has granted bail to other two accused persons. After completion of investigation, charge-sheet has been filed and the applicants are in jail since 01.07.2026. He would further contend that on the basis of the memorandum of these applicants, the police registered two more crime numbers, as mentioned above. He would further submit that conclusion of trial may take some considerable time. He, therefore, prays for grant of bail to the applicants. 4. On the other hand, learned State counsel would oppose the bail application and contend that these applicants and other accused- persons committed theft in the Poultry Farm and they have admitted this fact in their memorandum of statements and therefore, the bail application deserves to be dismissed. 5. I have heard the learned counsel for the parties and perused the case diary. 6. Having considered the facts and circumstances of the case and having considered the fact that after seizure of 1.5 HP motor pump, the police registered two more criminal cases against the present applicants, two accused persons have already been enlarged on bail by the learned 3 trial Court, the charge-sheet has already been filed in all the above crime numbers and the fact that the applicants are in jail since 01.07.2026 and that the conclusion of the trial is likely to take some time, without further commenting anything on merits of the matter, I am inclined to grant bail to the present applicants. Accordingly, the bail application is allowed. 7. Let the applicants be released on bail on each of them furnishing personal bond in sum of Rs.50,000/- with one surety each 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 him 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 against them, 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 4 Section 351 of BNSS. If in the opinion of the trial court absence of the applicants 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. Sd/- (Rakesh Mohan Pandey) JUDGE Anjani