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2026 DAILYLAW 37517 (CHH)

BHARAT SINHA v. STATE OF CHHATTISGARH

MCRC/9208/2026 · 2026-09-29

Shri Parth Prateem Sahu

body2026

Judgment text

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1 CGHC010377882026 2026:CGHC:42591 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9208 of 2026 1 - Bharat Sinha S/o Shri Komaldev Sinha Aged About 21 Years By Caste- Kalar, R/o Village- Maladobri, P.S.- Kanker, District- North Bastar Kanker (C.G.) ... Applicant Versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station- Sarona, Distt.- North Bastar Kanker (C.G.) ... Non-Applicant For Applicant : Mr. Rajendra Patel, Advocate For Non-applicant : Mr. Himanshu Yadu, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 30/09/2026 1. This is the first bail application filed by the applicant 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. 04/2025 registered at Police Station – Sarona, District – North Baster Kanker, Chhattisgarh for the offences punishable under Sections 303 (2), 61(2) of the Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief is that on 21.12.2025, complainant namely, Manoj Soni lodged report in the concerned police station stating that the ACSR Panther conductor wire was kept on the roadside, and work began between the villages of Barkai and Sarwandi, with four drums installed. Due to the onset of the monsoon season, work was halted on 2 17.06.2025. During inspection on 06.12.2025, he found that one drum out of the nine wire drums placed on the roadside was missing and some unknown person have stolen the said drum. On the basis complaint, FIR was registered against unknown persons under Section 303 (2) of the BNS, 2023 and during investigation, the co-accused person Shubham Yadav was arrested and on the basis of his memorandum statement, the present applicant was arrested on 25.07.2026. 3. Learned counsel for the applicant submits that applicant is innocent, he has been falsely implicated in the crime. He has not committed any offence as alleged. He submits further that the applicant was arrested on 25.07.2026 and charge-sheet has also been filed, therefore, no custodial interrogation is further required. There is no other criminal antecedent against the applicant. Hence, he may be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the submission made by counsel for the applicant. However, upon asking, he submits that there is no other criminal antecedent against the applicant. 5. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application. 6. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, there is no criminal antecedent against the applicant, charge-sheet has been filed, tender age of the applicant, documents enclosed along with the bail application, trial is likely to take sometime, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 7. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in 3 the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: (a) The applicant shall file an undertaking to the effect that he 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicant misuses the liberty of bail during trial andin order to secure her 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 him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (d) The applicant 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 applicant 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY