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2026 DAILYLAW 7291 (CHH)

ANURAG DONGRE v. STATE OF CHHATTISGARH

MCRC/3731/2026 · 2026-04-23

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Judgment text

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1 2026:CGHC:18980 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3731 of 2026 Anurag Dongre S/o Ravi Dongre, Aged About 22 Years, R/o Bharat Nagar, Near Jhanda Chowk, Gudhiyari, Distt.- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through - Police Station - Gudhiyari, District - Raipur (C.G.) ... Non-Applicant For Applicant : Mr. P. Chetan Kumar, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 24.04.2026 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. 393/2025, registered at Police Station – Gudhiyari, District - Raipur (C.G.) for the offence punishable under Sections 331(4), 305, 112(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in brief, the applicant along with other co-accused trespassed into the complainant’s house by jumping over the boundary wall and committed theft by breaking the lock, taking away a mobile phone, cash kept inside the mobile cover, and two pairs of shoes, collectively valued at Rs.19,000/-. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.04.25 12:15:47 +0530 2 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that co-accused, namely, Sachin Sahu @ Bhuruwa, has already been granted bail by this Court vide order dated 23.02.2026 passed in MCRC No. 10545/2025, and another co-accused, Om Prakash Chakradhari, has also been granted bail by this Court vide order dated 23.02.2026 passed in MCRC No. 1276/2026. It is further contended that the charge-sheet has already been filed. The applicant is stated to have one previous criminal antecedent and has been in judicial custody since 24.08.2025. In view of the aforesaid circumstances, learned counsel prays that the applicant be enlarged on bail on the ground of parity. 4. On the other hand, learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. She further submits that the applicant has three previous criminal antecedents of similar nature, therefore, it is argued that the applicant is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the charge-sheet has been filed before the competent Court, further the co-accused, namely, Sachin Sahu @ Bhuruwa, has already been granted bail by this Court vide order dated 23.02.2026 passed in MCRC No. 10545/2025, and another co-accused, Om Prakash Chakradhari, has also been granted bail by this Court vide order dated 23.02.2026 passed in MCRC No. 1276/2026, the applicant has three previous criminal antecedents, one has been duly explained in paragraph 3 No. 4(a) of the present bail application, and the applicant is in jail since 24.08.2025, this Court is of the opinion that the applicant is entitled to be released on bail in the present case on the ground of parity. 7. Accordingly, the bail application is allowed. Let the applicant - Anurag Dongre, involved in Crime No. 393/2025, registered at Police Station – Gudhiyari, District - Raipur (C.G.) for the offence punishable under Sections 331(4), 305, 112(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, 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 the date fixed in such proclamation, then, the trial court shall 4 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 Preeti