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2026 DAILYLAW 3681 (CHH)

DILESH PORTE v. STATE OF CHHATTISGARH

MCRC/3047/2026 · 2026-04-05

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Judgment text

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1 2026:CGHC:15553 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3047 of 2026 Dilesh Porte S/o Horilal Porte Aged About 32 Years R/o Village- Jhalpha, Police Station- Hirri, District- Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station- Dharamjaigarh, District- Raigarh (C.G.) ---- Non-applicant(s) For Applicant : Mr. Vipin Singh Thakur, Advocate. For Non-Applicant : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/04/2026 1. This is the first bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant – Dilesh Porte, who has been arrested in connection with Crime No. 26/2026 registered at Police Station- Dharamjaigarh, District – Raigarh (C.G.), for the offence punishable under Sections 281, 324(3) of BNS and Section 184 of Motor Vehicles Act and Section 139 of Electricity Act. 2. The Office has reported vide note dated 01.04.2026 that the present bail application suffers from certain defects (The case is listed KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 before this Court on 06/04/2026 for :- [FOR ORDERS ON DEFAULT NO. 01 – FOR ORDERS ON MAINTAINABILITY OF THIS MCRC AS PER C.I.S. REPORT, MCRC No. 2625/2026 HAS ALREADY BEEN FILED PREVIOUSLY BY THE PRESENT APPLICANT WHICH IS ALREADY PENDING BEFORE THIS HON’BLE COURT AS PER OFFICE NOTE DATED 20-03-2026]). 3. Learned counsel for the applicant submits that the present bail application be dismissed as withdrawn on the ground that another bail application being MCRC No. 2625/2026 has already been filed on behalf of the applicant through another counsel, namely, Mr. Shivendra Bhardwaj, which came up before a Co-ordinate Bench of this Court on 20.03.2026 and the same has been directed to be listed after three weeks, as the case diary has been called for. 4. On a pointed query being made by this Court to the learned counsel for the applicant as to why the present bail application has been filed despite pendency of the earlier application, it is submitted that the deponent in the present case is the wife of the applicant, whereas in the earlier case, the affidavit has been filed by the brother of the applicant and that the wife was not aware of the said fact. 5. The matter assumes seriousness inasmuch as two bail applications have been filed on behalf of the same applicant in respect of the same Crime Number, with different deponents, i.e., the wife and the brother of the applicant. 3 6. Considering the facts and circumstances of the case and taking into account the explanation furnished by learned counsel for the applicant, which appears to be self-explanatory, this Court is inclined to permit withdrawal of the present bail application. 7. Accordingly, the present bail application is dismissed as withdrawn with a caution to the applicant to remain vigilant and ensure that no such instance is repeated in future. It is made clear that any recurrence of such conduct shall invite appropriate action in accordance with law. - Sd/- (Ramesh Sinha) Chief Justice Kunal