Chattisgarh High Court
Shivraaj Yadav vs State Of Chhattisgarh on 13 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
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2026:CGHC:12120
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
GOURI MCRC No. 918 of 2026
MUDALIAR
Shivraaj Yadav S/o Bahorik Yadav Aged About 23 Years R/o Khamtarai, P.S.-
Digitally signed by
GOURI MUDALIAR Sarkanda, Tah. And District Bilaspur C.G.
Date: 2026.03.16
12:25:26 +0530 ... Applicant
versus
State Of Chhattisgarh Through Station House Officer, P.S.- Sarkanda District
Bilaspur C.G.
... Respondent
For Applicant : Shri Leekesh Kumar, Advocate.
For : Ms. Ritika Verma, PL.
Respondent/State
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 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.1646/2025 registered at Police Station Sarkanda, District Bilaspur (C.G.) for the offence punishable under Sections 331(3), 305(A) & 3(5) of the BNS.
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2. Case of the prosecution, in brief, is that complainant lodged report in Police Station-Sarkanda, District-Bilaspur that from the house of complainant Lalaram Kewat, cash amount of about Rs. 7000/- and from the room of Bhaddu Singh, who lived on rent in the house, a mobile and cash amount of Rs. 5000/-, 2 gold nose rings, 1 locket, silver bangle and anklet worth Rs. 60,000/- were stolen by some unknown person. On the report of the complainant, after registering the crime, during investigation on the basis of informer's information, on questioning the suspects Kunal Dhruv and Shivraj Yadav, on the basis of memorandum statement, they accepted to have committed the said theft and on the basis of the said accused being related to other crime no. 1645/25 of police station Sarkanda under section 331(4), 305 (A), 3 (5) BNS, crime no. 1646/2025 was registered against the applicant/accused under section 331(3), 305 (A), 3 (5) BNS and he was arrested and detained in custody.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He would submit that the alleged incident occurred on 05.10.2025, whereas the FIR was lodged on 01.12.2025, after an unexplained delay of 57 days. He would submit that the applicant was taken into custody by Police Station Sarkanda on 30.11.2025, but was not produced before the Court on the same day and was subsequently shown to be arrested on 01.12.2025, which raises doubt about the manner of his arrest. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 01/12/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 3
4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. She would submit that the applicant has three criminal antecedents, out of which, two cases are pending and in one case applicant has been acquitted which has been explained in para 4A of the bail application.
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 of allegation levelled against the applicant, period of detention of the applicant since 01/12/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case.
7. Accordingly, the bail application is allowed and it is directed that the Applicant- Shivraaj Yadav, involved in Crime No.1646/2025 registered at Police Station Sarkanda, District Bilaspur (C.G.) for the offence punishable under Sections 331(3), 305(A) & 3(5) of the BNS, be released on bail on his furnishing a 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. 4
(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 for necessary information and compliance.
Sd/-
(Ramesh Sinha) CHIEF JUSTICE gouri