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2026 DAILYLAW 8933 (CHH)

RAJU BANJARE v. STATE OF CHHATTISGARH

MCRC/2358/2026 · 2026-04-21

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Judgment text

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1 2026:CGHC:18470 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2358 of 2026 Raju Banjare S/o Shri Jawahar Banjare Aged About 28 Years R/o Ward No. 7, Abhanpur, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through - Police Station - Abhanpur, Raipur, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.40/2026 registered at Police Station :Abhanpur, Raipur District- Raipur (C.G.) for the o昀昀ence ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.04.23 18:31:20 +0530 2 punishable under Section 111(B) of the Bharatiya Nyaya Sanhita, 2023 and Section 25 and 27 of the Arms Act. 2. As per the prosecution story, on 01.02.2026, the police of Police Station Abhanpur received a secret information from an informant that the accused, who was allegedly involved in o昀昀ences such as loot and murder, was threatening members of the public while brandishing a sharp-edged weapon/knife. Acting upon the said information, the police immediately rushed to the spot and apprehended the applicant. Thereafter, Crime No. 40/2026 was registered at Police Station Abhanpur for the o昀昀ences punishable under Section 111(B) of the Bharatiya Nyay Sanhita, 2023 and Sections 25 and 27 of the Arms Act, and investigation was set into motion. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has not committed any o昀昀ence, nor has he played any active role in the alleged incident. It is further submitted that no prima facie case is made out against the applicant on the basis of the material collected by the prosecution, and that the applicant has been in custody since 01.02.2026. Hence, prayer is made for grant of bail. 3 4. Learned State counsel, opposing the bail application, submits that there is su昀케cient material available on record to prima facie establish the involvement of the applicant in the alleged o昀昀ence. It is contended that the applicant was apprehended on the basis of credible secret information while he was threatening members of the public with a sharp-edged weapon, thereby creating fear and disturbance in the locality. It is further submitted that the nature and gravity of the o昀昀ence are serious, and the investigation has collected material indicating the active role of the applicant. In such circumstances, considering the conduct of the applicant and the seriousness of the allegations, he does not deserve to be enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly the nature of allegations, the period of custody of the applicant since 01.02.2026, and the fact that the prosecution material, at this stage, does not conclusively establish the active involvement of the applicant, this Court is 4 of the considered view that further custodial detention of the applicant is not warranted. Without expressing any opinion on the merits of the case, and considering that the trial is likely to take considerable time for its conclusion, this Court 昀椀nds it to be a 昀椀t case to enlarge the applicant on bail. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant –Raju Banjare, involved in Crime No.40/2026 registered at Police Station: Abhanpur, Raipur District- Raipur (C.G.) for the o昀昀ence punishable under Section 111(B) of the Bharatiya Nyaya Sanhita, 2023 and Section 25 and 27 of the Arms Act be released on bail on 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 昀椀le an undertaking to the e昀昀ect that he shall not seek any adjournment on the dates 昀椀xed 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. 5 (ii) The applicant shall remain present before the trial court on each date 昀椀xed, either personally or through his counsel. In case of his absence, without su昀케cient 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 昀椀xed 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 昀椀xed 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 su昀케cient cause, then it shall be open for the trial court to 6 treat such default as abuse of liberty of bail and proceed against him, in accordance with law. 8. O昀케ce is directed to provide a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Arpan