Chattisgarh High Court
Swatantra Yadav vs State Of Chhattisgarh on 13 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12168
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2373 of 2026
Swatantra Yadav S/o Shanti Lal Yadav Aged About 23 Years R/o Janjgir, Police
Station Janjgir, District Janjgir-Champa (C.G.)
... Applicant
versus
State Of Chhattisgarh Through The Station House Officer, Police Chauki- Naila,
Police Station- Janjgir, District Janjgir-Champa (C.G.)
... Non-applicant
For Applicant :Mr. Paras Mani Shriwas, Advocate.
Digitally
signed by
PREETI
For Non-applicant/State :Mr. Shubham Bajpai, Panel Lawyer.
PREETI KUMARI
KUMARI Date:
2026.03.13
18:26:46
+0530
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
13.03.2026
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. 29/2026 registered at Police Chauki- Naila, Police Station- Janjgir, District Janjgir-Champa (C.G.), for the offences punishable under Sections 305(a), 331(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
2. As per the prosecution story, in brief, on dated 07/01/2026, the complainant namely Vijay Kumar Agrawal lodged a report at Police Chauki Naila, stating that his kirana shop is situated on the main road, Naila-Janjgir. On 06/01/2026, he closed his shop at about 9:00 P.M., but due to a mistake he could not lock the shop. On the morning of 2 07/01/2026, he noticed that some portion of the shutter/door of his kirana shop was open. Upon checking, he came to know that unknown persons had committed theft of some tobacco articles, perfume, and a sum of Rs.10,000/-. During the course of investigation, the present applicant was made an accused and was subsequently arrested on 09/01/2026.
3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the aforesaid case. He further submits that the actual facts of the case are that the other co-accused persons are close friends of the present applicant. They were made accused in similar nature of offences, and during the course of investigation the prosecution authorities allegedly tortured them, due to which they disclosed the names of their friends. On the basis of their memorandum statements, the present applicant has been made an accused in the crime in question. Therefore, the applicant is entitled to be released on bail. He also submits that the applicant has no previous criminal antecedents, the charge-sheet has been filed and he is in jail since 09.01.2026. Therefore, the present applicant is also entitled to be released on regular bail.
4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted in the present case.
5. I have heard learned counsel for the parties and perused the case diary.
6. Taking into consideration the facts and circumstances of the case, the nature of allegations levelled against the applicant, and the fact that the charge - sheet has already been submitted in the present case before the competent Court and he has been in jail since 09.01.2026, conclusion of the trial may take some more time, therefore, this Court is of the view that 3 the present applicant is entitled to be released on bail in this case.
7. Accordingly, the bail application is allowed. Let the Applicant -
Swatantra Yadav, involved in Crime No. 29/2026 registered at Police Chauki- Naila, Police Station- Janjgir, District Janjgir-Champa (C.G.), for the offences punishable under Sections 305(a), 331(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his 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 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, 4
(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
Preeti