Chattisgarh High Court
Deva @ Dev Kumar Mahato vs State Of Chhattisgarh on 12 March, 2026
1
2026:CGHC:11944
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1134 of 2026
Deva @ Dev Kumar Mahato S/o Ratan Lal Mahato, Aged About 28 Years, R/o
Maharajpur, Bazarpara, P.S. Taljhari, Distt.- Sahejganj, (Jharkhand)
... Applicant
versus
State of Chhattisgarh Through SHO Police Station- Telibandha, Distt.- Raipur
(C.G.)
... Non-Applicant
For Applicant : Mr. Pragalbha Sharma, Advocate.
For Non-Applicant/State : Ms. Ritika Sharma, Panel Lawyer.
Digitally Hon'ble Mr. Ramesh Sinha, Chief Justice
signed by
PREETI
PREETI KUMARI Order on Board
KUMARI Date:
2026.03.13
12:42:11
12.03.2026
+0530
1.This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the applicant who has been arrested in connection with Crime No. 418/2025 registered at Police Station - Telibandha, District - Raipur (C.G.) for the offence punishable under Sections 303(2), 134, 112(1) and 3(5) of Bharatiya Nyaya Sanhita (for short 'BNS').
2. As per the case of the prosecution, on 10.07.2025 a report was lodged by one Govindram Wadhwani, wherein it was alleged by the complainant that on 22.06.2025, while he was purchasing vegetables at the vegetable market at Telibandha, his mobile phone (Vivo company, valued at Rs. 20,000/-) was snatched and stolen by an unknown person. On the next day, he came to know that by using a UPI application from his mobile 2 phone, a total amount of Rs. 1,85,000/- was transferred from his two bank accounts. During the course of investigation, the police arrested two persons, namely Kanahaiya Kumar and Vishnu Kumar Mandal. Upon interrogation, they informed the police that they were working under the instructions of the present applicant. It was further disclosed that after stealing the mobile phones, they used to hand over the stolen phones to Shiekh Abul and Turanjan, who would transfer money by using UPI applications. Thereafter, after 10-15 days, the said mobile phones were sold in Jharkhand to the present applicant.
3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the FIR has been registered against the unknown persons. He also submits that the police of police station
-Telibandha had arrested two persons namely, Kanahaiya Kumar and Vishnu Kumar Mandal and on the basis of their statement the applicant who is a resident of State of Jharkhand has been falsely implicated in connection with the alleged crime. He also submits that no seizure has been made from the present applicant and there are no previous criminal antecedents of the applicant. He further submits that co-accused, namely, Vishnu Mandal has been granted bail by this Court vide order dated 29.01.2026 passed in MCRC No. 967/2026, further the charge-sheet has been filed and he is in jail since 06.08.2025, the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant on the ground of parity.
4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case and could not dispute the fact that the co-accused person has been granted bail by this Court. She further submits that the applicant has one previous 3 criminal antecedents in the State of Jharkhand, hence, he is not entitled for grant of bail.
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, nature and gravity of offence and the fact that no seizure has been made from the present applicant and the name of the applicant has came into light in the memorandum statement of the co-accused, further the applicant has one previous criminal antecedent, and the co-accused, namely, Vishnu Mandal has been granted bail by this Court vide order dated 29.01.2026 passed in MCRC No. 967/2026, further the charge-sheet has been filed and he is in jail since 06.08.2025, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity.
7. Accordingly, the bail is allowed. Let the Applicant- Deva @ Dev Kumar Mahato, involved in Crime No. 418/2025 registered at Police Station - Telibandha, District - Raipur (C.G.) for the offence punishable under Sections 303(2), 134, 112(1) and 3(5) of Bharatiya Nyaya Sanhita (for short 'BNS'), 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.4
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 for necessary information and compliance.
Sd/-
(Ramesh Sinha) Chief Justice Preeti