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2026 DAILYLAW 7353 (CHH)

MANGAL @ GOLU v. STATE OF CHHATTISGARH

MCRC/3766/2026 · 2026-04-23

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Judgment text

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1 2026:CGHC:18973 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3766 of 2026 Mangal @ Golu S/o Late Janak Ram Aged About 24 Years Caste Basor R/o Ghuthri Dafai Chucha Thana Churcha Distt Koriya Chhattisgarh ...Applicant versus State Of Chhattisgarh Through The Station House Officer Police Station Churcha District Koriya Chhattisgarh ... Respondent For Applicant : Mr. Pritam Kumar Tiwari, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.04.2026 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.201/2025 registered at Police Station – Churcha District Koriya (C.G.) for the offences punishable under Sections 331(4), 305(e), 310(2) of the BNS. 2. The case of the prosecution, in brief, is that on October 14, 2025 complainant and his co-workers went to their work place, the 56 label VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.25 11:45:03 +0530 2 pump, during their night duty. At that moment they heard the sound of something being cut. The complainant and his co-workers went to the scene and saw about 10-12 persons were seen with their face and mouth covered, who were holding sickles and sticks. Those persons threatened the complainant and his colleagues and made them sit at one place and in collusion, cut about 450 meters of cable wire with sickles and cutter and took it away, Guards Jitendra Yadav and Sunil Barla informed that the applicant was taken to Churcha East mine by accused Nitesh and co-accused Sunil Panika, Mangal alias Golu, Purushottam, Mohit, Ayodhya, Samir, Rajkumar, Kishan, Kabira, Shamsher, Suman Panikaand Suresh Panika it as alleged that they entered the mine and cut and took away the copper cable wire. During the investigation of the case bamboo stick has been seized from the accused applicant Mangal alias Golu. Hence the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that in the present case, as his arrest has been made merely on suspicion and no prima facie case is made out against him. It is further submitted that the allegations in the complaint do not satisfy the essential ingredients of the alleged offences and there is no material on record to substantiate the same against the present applicant. It is also submitted that the charge sheet has already been filed and five co- accused persons have been granted bail by this Hon’ble Court, and the case of the present applicant stands on similar footing. There is no evidence to connect the applicant with the alleged offence, and thus no case is made out against him. The applicant is a permanent resident of the address mentioned in the cause title, having deep roots in society, 3 and there is no likelihood of his absconding or tampering with prosecution witnesses. He is ready to furnish adequate surety and undertakes to abide by all the conditions and directions that may be imposed by this Hon’ble Court, hence, it is prayed that he be granted the benefit of bail. 4. On the other hand, learned counsel for the State, opposes the bail application of the applicant. 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, the nature of the allegations levelled against the present applicant, and the fact that the co-accused, namely Mohit Kumar, has already been granted bail vide order dated 09.01.2026 passed in MCRC No. 230 of 2026, and further considering that the charge-sheet has already been filed before the competent Court, that the applicant has been in judicial custody since 17.10.2025, and that the conclusion of the trial is likely to take considerable time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Mangal @ Golu, involved in Crime No.201/2025 registered at Police Station – Churcha District Koriya (C.G.) for the offences punishable under Sections 331(4), 305(e), 310(2) of the BNS, 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 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 4 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 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 vaibhav