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2026 DAILYLAW 5693 (CHH)

DEEPANSHU KUMAR RATHORE v. STATE OF CHHATTISGARH

MCRC/617/2026 · 2026-03-10

Transfer Petitionbody2026

Judgment text

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1 2026:CGHC:11729 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 617 of 2026 • Deepanshu Kumar Rathore S/o Shri Santosh Kumar Rathore Aged About 19 Years R/o Village Jharna, Police Station- Nagarda, Distt. Korba C.G. ... Applicant(s) versus • State Of Chhattisgarh Through Station House Officer, Outpost- C S E B, Police Station- Civil Line, Rampur, Distt. Korba C.G. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Vivek Kumar Shrivastava, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.03.2026 1. The applicant has preferred this First Bail Application 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. 710/2025, registered at Outpost-CSEB, Police Station – Civil Lines, Rampur District – Korba (C.G.) for the offence punishable under Sections 126(2), 115(2), 351(3), 296, 304(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the complainant, Maheshwar Sahu, was going to the Municipal Corporation office in TP Nagar on VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.12 16:55:06 +0530 2 his bicycle on November 10, 2025, to spray water on behalf of his younger brother, Parmeshwar Sahu. When he reached near the Dhodhipara welcome gate around 10:40 pm, 4-5 unknown boys, who seemed to be intoxicated, stopped him, dragged him to the railway line, and started abusing him with obscene language, threatening to kill him. They beat him with fists and a bucket, snatched his Vivo company mobile phone after opening the password, and searched his clothes, taking his money. They then left him there, telling him to sit. He suffered injuries on his left cheek, nose, and head due to the assault. Based on this report, CSEB Police Outpost, PS-Civil Line, Rampur registered offence the aforesaid sections against the unknown persons and during investigation, the accused/applicant has been arrested. Hence, this bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 06.12.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that Rs.10,000/- has been recovered from the possession of the present applicant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the 3 documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 06.12.2025 and conclusion of the trial is likely to take some time, considering the period of detention of the applicant, I am inclined to allow this application. 7. Let applicant, Deepanshu Kumar Rathore, involved in Crime No. 710/2025, registered at Outpost-CSEB, Police Station – Civil Lines, Rampur District – Korba (C.G.) for the offence punishable under Sections 126(2), 115(2), 351(3), 296, 304(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) 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. (ii) 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. (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 4 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. (iv) 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. Sd/- (Ramesh Sinha) Chief Justice vaishali