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2026 DAILYLAW 4786 (CHH)

RAGHAV SHRIVAS v. STATE OF CHHATTISGARH

MCRC/1600/2026 · 2026-02-12

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Judgment text

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1 2026:CGHC:8106 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1600 of 2026 Raghav Shrivas S/o Sanju Shrivas, Aged About 20 Years R/o Ward No. 03, Pandariya, Gandai Police Station And Tahsil Gandai, District- Khairagarh - Chhuikhadan - Gandai (C.G.) ... Applicant versus State of Chhattisgarh Through Station House O1cer, Police Station Gandai District- Khairagarh - Chhuikhadan - Gandai (C.G.) ... Non-Applicant For Applicant : Mr. Deepak Diwakar, Advocate For Non-Applicant/State : Mr. Nitansh Kumar Jaiswal, Deputy G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.02.2026 1. This is the 8rst bail application 8led under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 354/2025 registered at Police Station- Gandai District- Khairagarh - Chhuikhadan - Gandai, (C.G.) for the o>ence punishable under Sections 126(2), 318(4), 308(5), 309(4), 309(6), and 312 of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 09.10.2025 the complainant, Mohd. Sadab, along with his friend Naushad, went to RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Gandai on a scooty for selling suit fabric. At about 12:00 noon, two unknown persons expressed interest in purchasing the suits and asked them to accompany them to their house. When they reached a desolate place, two other accused persons also arrived at the spot. One of the accused persons brandished a knife and threatened to kill them, whereupon they were forced to stop the scooty, and the other co-accused persons began assaulting Naushad and demanded money. Thereafter, the complainant handed over approximately Rs.4,000–Rs.5,000/-, but the accused persons further demanded money through UPI transactions and, under threat, an amount of Rs.3,900/- was transferred from the complainant’s mobile phone, and further amounts of Rs.49,500/- and Rs.19,600/- were transferred from his friend’s mobile phone, totaling Rs.73,000/-. The accused persons also snatched the suit fabric from the complainant. Subsequently, the present applicant along with three other persons was arrested for the o>ences punishable under Sections 126(2), 318(4), 308(5), 309(4), 309(6), and 312 of the Bharatiya Nyaya Sanhita (BNS). Hence, the present bail application has been 8led. 3. Learned counsel for the applicant submits that the applicant has not committed any o>ence and he has been falsely implicated in o>ence in question. He further submits that prima facie applicant is not named in the FIR and only on the basis of memorandum statement, he has been implicated. He further submits that similarly situated co-accused persons, namely, Rahman Khan, Imran Khan @ Arman and Yaqub Khan have already been granted bail by this Hon’ble 3 Court vide order dated 29.01.2026 in MCRC Nos. 968/2026 and 973/2026 respectively. He also submits that the applicant is in jail since 10.10.2025, the charge-sheet has been 8led and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that the charge-sheet has been 8led before the competent Court, but could not dispute the fact that co-accused persons have already been granted bail by this Hon’ble Court and the case of the present applicant is identical to that of the co-accused. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of o>ence, period of detention of the applicant since 10.10.2025, the fact that though the present applicant and other co-accused were committed that said crime, but other co- accused persons, namely, Rahman Khan, Imran Khan @ Arman and Yaqub Khan have already been granted bail by this Court vide order dated 29.01.2026 in MCRC Nos. 968/2026 and 973/2026 respectively, and the case of present applicant is identical to that of the co-accused person, further the charge-sheet has been 8led in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 4 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Raghav Shrivas, involved in Crime No. 354/2025 registered at Police Station- Gandai District- Khairagarh - Chhuikhadan - Gandai, (C.G.) for the o>ence punishable under Sections 126(2), 318(4), 308(5), 309(4), 309(6), and 312 of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 8le an undertaking to the e>ect that he shall not seek any adjournment on the dates 8xed 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. (ii) The applicant shall remain present before the trial court on each date 8xed, either personally or through his counsel. In case of his absence, without su1cient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the Court on the date 8xed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the 5 Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates 8xed 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 su1cient 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. O1ce is directed to provide a certi8ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan