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2026 DAILYLAW 9850 (CHH)

BABLU KUMAR SINGH @ BADAKU v. STATE OF CHHATTISGARH

MCRC/2946/2026 · 2026-04-30

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Judgment text

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1 2026:CGHC:20493 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2946 of 2026 • Bablu Kumar Singh @ Badaku S/o Babban Singh Aged About 27 Years R/o Sarfoda, Post Jamaudi, Ps- Tarari District- Aara(Bihar) ... Applicant(s) versus • State of Chhattisgarh Through- Station House Officer, Police Station- Jamul, District- Durg (CG) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Ms. Aditi Singhvi, Advocate For Respondent(s) : Ms. Monika Thakur, Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.05.2026 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. 911/2025, registered at Police Station – Jamul, District – Durg (C.G.) for the offence punishable under Sections 109(1), 111(3), 61(2), 303(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 25, 27 of the Arms Act, 1959. 2. The case of the prosecution, is that on 14.11.2025 at around 5:50 PM some unknown assailants fired bullets on complainant alleging that the complainant was involved in murder of one Shivam Sao in 2023. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.04 11:01:43 +0530 2 That, co-accused Karan Sao was arrested on basis of suspicion and upon his memorandum statement 10 other accused persons including the present applicant were apprehended. It is alleged that Karan Sao had conspired to kill complainant Vikas Prajapati for which he had contact his brother in law Rajesh Sao (applicant) who had helped him purchase one pistol and bullets. The applicant has brought along with him co-accused Babloo @ Badku and Vikki @ Chotku and one Ravi from Bihar and one the date of incidence, Babloo@ Badku and Vikki @ Chotku went on a motorcycle and shot the complainant. Later the assailants ran away to Bihar. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that present case is a 'no injury' case and co-accused persons have already been granted bail by learned trial Court. She further submits that the charge-sheet has been filed in this case and the applicant is in jail since 21.11.2025 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 two criminal cases have been registered against the present applicant for the year 2024 and the charge-sheet has been filed in this case. She could not dispute the fact that present case is a 'no injury' case. 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, 3 nature and gravity of allegation levelled against the applicant and considering the fact that co-accused persons have already been granted bail by learned trial Court, further present case is a 'no injury' case, charge-sheet has been filed against the applicant, the applicant is in jail since 21.11.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Bablu Kumar Singh @ Badaku, involved in Crime No.911/2025, registered at Police Station – Jamul, District – Durg (C.G.) for the offence punishable under Sections 109(1), 111(3), 61(2), 303(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 25, 27 of the Arms Act, 1959, be released on bail on his furnishing a 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 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 4 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 Vaishali