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2026 DAILYLAW 592 (CHH)

EKESH MARAVI v. STATE OF CHHATTISGARH

MCRC/560/2026 · 2026-01-14

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Judgment text

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1 2026:CGHC:2489 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 560 of 2026 • Ekesh Maravi S/o. Shri Morbhanj Maravi, Aged About 21 Years R/o. Ward No. 2 Gharghoda, Thana- Gharghoda, District Raigarh (C.G.) ... Applicant versus • State Of Chhattisgarh Through The Station House Officer, Police Station Gharghoda, District Raigarh (C.G.) ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Rajendra Patel, Advocate. For State/Non-applicant : Mr. Sourabh Sahu, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.01.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.273/2025 registered at Police Station Gharghoda, District Raigarh (C.G.) for the offence punishable under Sections 303(2), 3(5) of B.N.S. 2. The case of the prosecution, is that on 16.10.2025 a report was lodged by the complainant at Police Station Gharghoda that he had gone to his maternal uncle at Jhankadarha on his motor cycle bearing registration No.CG-13-AP-5651. At around 11:30 am he parked his motor cycle outside the house of his maternal uncle and when he came DEEPTI JHA Digitally signed by DEEPTI JHA 2 outside at about 12:30 pm to go back home, but his motor cycle was not therefore, he lodged the report against the unknown persons. Hence, this application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime in question. He further submits that complainant has lodged the FIR after 17 days of the incident, i.e., on 16.10.2025 and the incident took place on 29.09.2025. It is further submitted that charge-sheet has already been filed and the applicant is in jail since 16.10.2025 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 the applicant is not entitled for grant of bail, as there are two criminal antecedents of similar nature registered against the present applicant. 5. I have heard learned counsel for the parties and perused all of the 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 FIR has been lodged after 17 days of the incident and further considering the fact charge-sheet has already been filed and the applicant is in jail since 10.11.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Ekesh Maravi, involved in Crime No.273/2025 registered at Police Station Gharghoda, District Raigarh (C.G.) for the offence punishable under Sections 303(2), 3(5) of B.N.S, be released 3 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 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail to appear before the court on 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice