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2026 DAILYLAW 39881 (CHH)

TUSHAR MISHRA v. STATE OF CHHATTISGARH

MCRC/8699/2026 · 2026-10-13

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010361802026 2026:CGHC:44528 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8699 of 2026 1 - Tushar Mishra S/o Late Shiv Narayan Mishra Aged About 40 Years R/o - A/2, Vrinda Gas Agency, Kailash Nagar, Bhilai, Police Station Jamul, Tehsil And District - Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through S.H.O. Police Station Padmanabhpur, District - Durg (C.G.) ... Respondent(s) For Applicant : Mr. Aman Tamrakar, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, P.L. HON’BLE SHRI JUSTICE RAKESH MOHAN PANDEY Order on Board 14/10/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.407/2026 registered at Police Station Padmanabhpur, District Durg (C.G.), for the offence punishable under Sections 331(4), 305(A) & 3(5) of BNS. NIRMALA RAO 2 2. As per the prosecution case, an FIR was lodged by the complainant, Sanat Deshmukh, alleging that during the intervening night of 2nd and 3rd July, 2026, some unknown persons committed theft of one gold bracelet, one gold coin, some silver ornaments, one silver idol of Lord Lakshmi and Ganesh, and cash amounting to Rs.13,000/-. On the basis of the said complaint, the police registered an FIR against unknown persons. During the course of investigation, the applicant was arrested on 11.7.2026. 3. Learned counsel for the applicant would submit that on 11.7.2026, the police implicated the applicant in two other cases of theft. He would further submit that no articles were seized from the possession of the applicant in any of the cases. He would submit that, in the present case, the applicant has been in jail since 11.7.2026 and, apart from the aforesaid two cases of theft, he has no criminal antecedents. He would further submit that the charge-sheet has already been filed and that the trial is likely to take some time to conclude. He would, therefore, pray for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State would oppose the bail application and submit that the applicant committed theft of gold and silver ornaments and admitted the same in his memorandum statement. He would further submit that the applicant is a habitual offender and, therefore, the bail application deserves to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having considered the fact that the applicant was arrested on 11.7.2026 and was implicated in two other cases of theft on the same date, that the charge-sheet has already been filed in the present case, 3 that he has been in jail since 11.7.2026, and that no articles were seized from his possession, I am inclined to allow the bail application. Accordingly, the bail application is allowed. 7. Let the applicant be released on bail on his furnishing a personal bond in sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the Court concerned with 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 observations made in the course of this order are only for considering the case of the applicant on the application for grant of regular bail. The concerned trial Court shall not be influenced or bound by the observations made in the course of this order. Sd/- (Rakesh Mohan Pandey) JUDGE Nimmi