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2026 DAILYLAW 7527 (CHH)

TATURAM YADAV v. STATE OF CHHATTISGARH

MCRC/3729/2026 · 2026-04-23

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Judgment text

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1 2026:CGHC:18950 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3729 of 2026 1 - Taturam Yadav S/o Late Navlu Yadav Aged About 30 Years Resident Of Sambalpur Police Station Kundai District- Navrangpur (Odisha) 2 - Tulsiram Sahu S/o Laxminath Sahu Aged About 55 Years Resident Of Kundai Navapara Police Station Kundai District- Navrangpur (Odisha) ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Of Police Station Kondagaon, District – Kondagaon (C.G.) ---- Non-applicant For Applicant : Mr. Amit Tirkey, 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 applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 18/2024, registered at Police Station – Kondagaon, District – Kondagaon (C.G.) for the offence punishable under Sections 457 and 380 of the IPC. 2. The case of the prosecution, is that the complainant Ramsuraj resident of Chilputi came to the Police Station and lodged the written report stating therein that on the night of 04.12.2023, the motorcycle number CG-27-D-6680 was kept in the Courtyard of the house, which was RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 stolen by some unknown persons. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there is no criminal antecedents registered against the applicants. It is further submitted that the charge-sheet has been filed in this case. The applicants are in jail since 12.03.2025 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 charge-sheet has been filed in this case, and the applicants are said to have stolen the motorcycle of the complainant, therefore, they are not entitled for grant of bail. 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 applicants and the fact that there is no criminal antecedents registered against the applicants, charge-sheet has been filed against the applicants, the applicants are in jail since 12.03.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Taturam Yadav and Tulsiram Sahu, involved in Crime No. 18/2024, registered at Police Station – Kondagaon, District – Kondagaon (C.G.) for the offence punishable under Sections 457 and 380 of the IPC, be released on bail on their furnishing a personal bond with two local sureties in the like sum to the satisfaction of the 3 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 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 Rajshekhar