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2026 DAILYLAW 36757 (CHH)

VINOD PRAJAPTI ALIAS BINU PRAJAPATI v. STATE OF CHHATTISGARH

MCRC/8315/2026 · 2026-09-21

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010340232026 2026:CGHC:41189 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8315 of 2026 Vinod Prajapti Alias Binu Prajapati S/o Shivlal Prajapati, Aged About 33 Years R/o New Doubel Story Ganesh Chowk Jamuna, Colony Police Station Bhalumada, District Anuppur M. P. ... Applicant versus State of Chhattisgarh Through- Station House Officer, Police Station Sarkanda, Bilaspur District Bilaspur C.G. ... Non-Applicant For Applicant : Mr. Aman Ansari, Advocate For Non-applicant : Ms. Ritika Verma, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 22/09/2026 1. The applicant has preferred this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 219/2026 registered at Police Station Sarkanda, District Bilaspur (C.G.) for the offences punishable under Sections 126(2), 109, 309(6), 311, 61(2), 310, 111, and 238 of the Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act, 1959. 2. The prosecution case, in brief, is that on 17.02.2026, elder brother of complainant Santosh Tiwari was returning home after closing his jewellery shop when his Renault car was intercepted by the assailants near Rajkishore Nagar, Bilaspur. They assaulted him with a pistol and hammer and robbed his car, approximately 2.2 kg of gold ornaments, Digitally signed by NADIM MOHLE 2 350 grams of raw gold, 100 grams of fine gold, and 3.50 lakh in cash. ₹ During investigation, co-accused Irfan Ali disclosed the names of his associates, including the present applicant. 3. Learned counsel appearing for the applicant would submit that the applicant is innocent and has falsely been implicated in the present case. He would further submit that the charge-sheet has already been filed before the competent Court and two other similarly situated co- accused persons, namely Karim Khan and Irfan Ali, have already been enlarged on regular bail by the Coordinate Bench vide orders dated 30.07.2026 and 31.08.2026, passed in MCRC No. 5331/2026 and MCRC No. 7381/2026, respectively. The applicant is in judicial custody since 19.02.2026. He would further submit that four criminal antecedents are registered against the applicant, three of the year 2026 under the provisions of the BNS and Arms Act, and one of the year 2025 under the NDPS Act, all the said cases are pending trial. He would contend that as the conclusion of the trial is likely to take considerable time, the applicant may be enlarged on regular bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would vehemently oppose the bail application and submit that the allegations levelled against the applicant are grave and serious in nature. She would further submit that the applicant has 04 criminal antecedents of similar nature as well as under the NDPS Act, and therefore, looking to the criminal background and role attributed to the applicant, he is not entitled to be released on regular bail. However, she admits the fact that the charge-sheet has already been filed and two other co-accused persons have been granted bail. 5. I have heard learned counsel 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 the charge-sheet has already been filed before the competent 3 Court, and that two other co-accused persons have already been enlarged on bail; further considering that the applicant is in judicial custody since 19.02.2026, four criminal antecedents are registered against the applicant, in which three cases are registered in the year 2026 under the provisions of the BNS and Arms Act, and one of the year 2025 under the NDPS Act, all the said cases are pending trial, and the conclusion of the trial is likely to take considerable time, without commenting on the merits of the case, is inclined to enlarge the applicant on regular bail. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. 7. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail, on following conditions :- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. The observation made hereinabove is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits. Sd/- Rakesh Mohan Pandey JUDGE Nadim