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2026 DAILYLAW 37798 (CHH)

SUMESH KASHYAP @ SOMU v. STATE OF CHHATTISGARH

MCRC/7198/2026 · 2026-09-27

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010297792026 2026:CGHC:42072 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7139 of 2026 1 - Naveen Kumar Baiswade S/o Kamlesh Baiswade, Aged About 28 Years R/o Village Neosa, Police Station Ratanpur, District Bilaspur (C.G.) --- Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Ratanpur Bilaspur (C.G.) --- Non-applicant MCRC No. 7198 of 2026 1 - Sumesh Kashyap @ Somu S/o Santosh Kashyap Aged About 29 Years R/o Village Neosa, Police Station Ratanpur, District Bilaspur, C.G. ---Applicant Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Ratanpur Bilaspur, C.G. --- Non-applicant HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2026.09.29 10:52:23 +0530 2 For Applicants : Mr. Syed Afaque Hussain, Advocate For Non-applicant/ State : Ms. Ankita Shukla, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 28/09/2026 1. The applicants have preferred this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as they have been arrested in connection with Crime No. 466/2026 registered at Police Station Ratanpur, District Bilaspur (C.G.) for the offence punishable under Sections 331(4), 305(A), 324(5), 112 and 3(5) of BNS. 2. Case of the prosecution, in brief, is that the present applicants broke into Gramin Bank Beltara in the intervening night of 05/07/2026 and 06/07/2026 and made an attempt to break the locker and take it away and also tried to broke into India One ATM. The applicants were identified through CCTV camera footage and were subsequently arrested on 08/07/2026. 3. Mr. Syed Afaque Hussain, learned counsel appearing for the applicants, would submit that the applicants are innocent and have falsely been implicated in the present case. He would further submit that the charge-sheet has already been filed and 3 the applicants have been in judicial custody since 08/07/2026, and since the conclusion of the trial is likely to take considerable time, the applicants may be enlarged on regular bail. 4. On the other hand, Ms. Ankita Shukla, learned counsel appearing for the non-applicant/State, would oppose the bail application and submit that there are three criminal antecedents of the applicant – Naveen Kumar Baiswade for commission of offence punishable under Section 379 of IPC, Sections 296, 115(2), 351(3), 118(1), 3(5) of BNS and Sections 25 and 27 of Arms Act and lastly under Sections 21(A), 22(A), 27 of NDPS Act and out of these three cases, the first has been disposed of and the remaining two are still pending and the applicant has been released on bail. She would further submit there are six criminal antecedents of the applicant – Sumesh Kashyap @ Somu, as such, both the applicants seem to be habitual offenders, thus, they are not entitled to be released on regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the nature and gravity of the offence and the facts and circumstances of the case particularly considering that the applicants broke into a Bank in order to commit theft and further considering that there are three criminal antecedents of the applicant - Naveen Kumar Baiswade and there are six criminal antecedents of the applicant – Sumesh 4 Kashyap @ Somu, I am not inclined to release the applicants on regular bail. 7. Accordingly, both of these bail applications filed by the applicants - Naveen Kumar Baiswade and Sumesh Kashyap @ Somu who have been arrested in connection with Crime No. 466/2026 registered at Police Station Ratanpur, District Bilaspur (C.G.) for the offence punishable under Sections 331(4), 305(A), 324(5), 112 and 3(5) of BNS are hereby dismissed. Sd/-- Sd/-d/- (Rakesh Mohan Pandey) JUDGE Harneet