Chattisgarh High Court
Khevendra Das Manikpuri vs State Of Chhattisgarh on 18 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12971
KUNAL
DEWANGAN
NAFR
Digitally
signed by
KUNAL HIGH COURT OF CHHATTISGARH AT BILASPUR
DEWANGAN
MCRC No. 2424 of 2026
Khevendra Das Manikpuri S/o Pritam Das Manikpuri Aged About 19
Years R/o Near Chota Pani Tanki, Talab Para, Tekari, Mandhar, Police
Station Vidhansabha, District Raipur, Chhattisgarh.
... Applicant(s)
versus
State Of Chhattisgarh Through Station House Officer, Civil Lines Raipur,
District Raipur, Chhattisgarh.
... Non-applicant(s)
For Applicant(s) : Mr. Sunil Verma, Advocate.
For Non-applicant(s) : Ms. Ritika Verma, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
18/03/2026
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. 421/2025 registered at Police Station Civil Lines, Raipur District - Raipur (C.G.) for the offence punishable under Section 303(2) of BNS.
2. The case of the prosecution, in brief, is that on 28.08.2025, the complainant's motorcycle bearing registration No. CG-04-PM-0942 2 (KTM 200 Duke) was parked near IC Spicy, Katora Talab, by his brother, but was found missing thereafter, upon which it was reported that an unknown person had stolen the said vehicle and a crime was registered. During the course of investigation, in connection with another case bearing Crime No. 360/2025, the police recorded the memorandum statements of the present applicant and other co-accused persons and on the basis of such statements and at the instance of the co-accused, the stolen motorcycle along with other vehicles was recovered from a multi- level parking area. Based upon such, aforesaid offences were registered agaisnt the accused and after completion of investigation, the police filed the challan before the learned trial Court. Hence, the bail application.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is contended that the implication of the applicant is solely based on the memorandum statement of the co-accused, namely Sandeep Sahu and no stolen vehicle or incriminating article has been recovered from his possession. There is no independent evidence such as CDR, mobile location, CCTV footage, or any witness connecting the applicant with the alleged offence. It is further submitted that the applicant is a 19-year-old daily wage labourer, having no criminal antecedents and is the sole earning member of his family and his continued detention is causing severe hardship. The applicant is in jail since 09.01.2026 and has no criminal 3 antecedent, further charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant.
4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that although the present applicant has been implicated on the basis of the memorandum statement of the co-accused and no incriminating article has been seized from his possession, the stolen motorcycle has been recovered from the possession of the co-accused. It is fairly conceded that the applicant has no criminal antecedents however, considering the gravity and seriousness of the offence, it is prayed that the application for grant of bail be rejected.
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 the offence, period of detention of the applicant since 09.01.2026 and the fact that the present applicant has been made an accused only on the basis of the memorandum statement of the co-accused, coupled with the fact that no incriminating seizure has been made from his possession and he has no criminal antecedents and further that the charge-sheet has already been filed, this Court is of the view that the applicant is entitled to be released on bail in this case.
7. Accordingly, the application is allowed.
4
8. Let the Applicant- Khevendra Das Manikpuri, involved in Crime No. 421/2025 registered at Police Station Civil Lines, Raipur District - Raipur (C.G.) for the offence punishable under Section 303(2) of 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.
(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 5 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.
9. 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 Kunal