Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 39880 (CHH)

SANDEEP KUMAR DAHARIYA v. STATE OF CHHATTISGARH

MCRC/8812/2026 · 2026-10-11

Shri Rakesh Mohan Pandey

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010368192026 2026:CGHC:44060 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8812 of 2026 1 - Sandeep Kumar Dahariya S/o Dauram Dahariya Aged About 34 Years R/o Birgahani, P.S. Balouda, Distt. Janjgir Champa, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Thana In-Charge, P.S. Jutmil, Distt. Raigarh, Chhattisgarh. --- Non-applicant For Applicant : Mr. Rajendra Tripathi, Advocate For Non-applicant : Mr. Keshav Gupta, GA Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 12.10.2026 1) The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, he has been arrested in connection with Crime No.42/2026 registered at Police Station Jutmil, District Raigarh (C.G.), for the offence punishable under Sections 336(3), 338, 340(2), 287, 112 of BNS and 3/7 of Essential Commodities Act. 2) The prosecution case, in brief, is that on 08.02.2026, an FIR was registered against an unknown person regarding the theft of 10 litres of diesel from a Scorpio vehicle on 03.02.2026. During the course of 2 investigation, the police arrested the applicant on 12.08.2026. Hence, the present bail application. 3) Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the present case. He would contend that there is no material in the case diary against the applicant and no article was seized at his instance. He would further contend that the applicant has no criminal antecedents, the charge- sheet has already been filed, and he has been in jail since 12.08.2026. He would also contend that the conclusion of the trial is likely to take considerable time. Therefore, he prays for grant of regular bail to the applicant. 4) Learned State counsel would oppose the bail application and submit that the applicant is involved in the commission of the alleged offence of theft of 10 litres of diesel from a Scorpio vehicle. He would pray for rejection of the bail application. 5) I have heard learned counsel appearing for the parties and perused the case diary. 6) Having considered the submissions made by learned counsel for the parties and the facts and circumstances of the case, particularly the fact that the FIR was registered against an unknown person, no article was seized at the instance of the applicant, and there is no material in the case diary against him, coupled with the fact that the applicant has no criminal antecedents, the charge-sheet has already been filed, and he has been in jail since 12.08.2026, I am inclined to grant bail to the applicant. 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 3 satisfaction of the concerned trial Court, he shall be released on bail on the 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, & (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 learned trial Court shall decide the case on its own merits. Sd/- (Rakesh Mohan Pandey) JUDGE Rekha