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2026 DAILYLAW 593 (CHH)

YOGESH PAHADI v. STATE OF CHHATTISGARH

MCRC/1450/2026 · 2026-03-12

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:12134 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1450 of 2026 Yogesh Pahadi S/o Govind Pahadi Aged About 23 Years R/o Satpara, Ward No. 13 Police Station Abhanpur, District Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Abhanpur, District Raipur (C.G.) ...Non-applicant For Applicant : Mr. Pradeep Singh Rathore, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 13.03.2026 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. 458/2025 registered at Police Station - Abhanpur, District Raipur (C.G.), for the offences punishable under Sections 296, 351(2), 115(2) of the BNS and Sections 25 and 27 of the Arms Act. 2. The case of the prosecution, in brief, is that the date of incident when the complainant restricted the present applicant for using abusing and VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.03.16 11:40:03 +0530 2 filthy word, due to that present applicant threatened to kill him and also tossed him due to that he received injuries in his head, neck and left side of the leg, thereafter the present applicant has lodged the complaint. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the injuries received by the complainant are minor in nature. The applicant is in judicial custody since 14.12.2025 and the charge-sheet has already been filed, and the trial is likely to take considerable time for its conclusion. The applicant is a permanent resident of the address mentioned in the cause title of the bail application and there is no likelihood of his absconding or tampering with the prosecution witnesses. The applicant is ready to furnish adequate surety and undertakes to abide by all the terms and conditions that may be imposed by this Hon’ble Court while granting bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case and that the applicant has four previous criminal antecedent, therefore, he is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and further taking into account that the charge-sheet has already been 3 submitted before the competent Court and the applicant has remained in judicial custody since 14.12.2025, and the conclusion of the trial is likely to take some time, this Court is inclined to grant regular bail to the present applicant. 7. Let the Applicant – Yogesh Pahadi, involved in Crime No. 458/2025 registered at Police Station - Abhanpur, District Raipur (C.G.), for the offences punishable under Sections 296, 351(2), 115(2) of the BNS and Sections 25 and 27 of the Arms Act, be released on bail on his furnishing personal bond with two local 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 his 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 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 4 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 Vaibhav