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Chattisgarh High Court
Nikhil Kumar Yadav @ Gudda vs State Of Chhattisgarh on 8 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:16123
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3115 of 2026
Nikhil Kumar Yadav @ Gudda S/o Krishna Yadav Aged About 18 Years
R/o New Market Station Maroda, Thana- Newai, Distt.- Durg (CG)
AKHILESH
KUMAR
Digitally
signed by
AKHILESH
DEWANGAN KUMAR
... Applicant(s)
DEWANGAN
versus
State Of Chhattisgarh Through- Sho, Thana- Newai, Distt.- Durg (Cg)
... Respondent(s)
For Applicant(s) : Mr. Samir Singh, Advocate.
For Respondent(s) : Mr. Smriti Shrivastava, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
08/04/2026
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. 66/2026 registered at Police Station
Newai, Distt.- Durg (C.G.) for the offence punishable under
Sections 303(2), 3(5) of BNS.
2. Case of the prosecution, in brief, is that on 06.02.2026, the
complainant, namely Akash Kumar Ray, lodged a report stating
that during the night, three unknown persons had stolen wires
from standing trucks, amounting to approximately Rs. 6,000/-.
Thereafter, the report was registered, and the police arrested the
present applicant for the alleged commission of the said offence.
Hence, the bail application.
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, only on the basis of memorandum statement
of the co-accused. The applicant is in jail since 10.03.2026, the
applicant has no criminal antecedent, 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 bail
application and submits that the charge-sheet has been filed in
the present case. She further submits that the applicant is alleged
to have involved in the commission of theft of wires from standing
trucks amounting Rs.6,000/-, therefore, the applicant 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, period of detention of the applicant
since 10.03.2026, the fact that though the applicant is alleged to
have involved in the commission of theft of wires from standing
trucks amounting Rs.6,000/-, but considering the fact that the
applicant has no criminal antecedent and charge-sheet has been
filed in the present case, 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.
8. Let the Applicant-Nikhil Kumar Yadav @ Gudda, involved in
Crime No. 66/2026 registered at Police Station Newai, Distt.- Durg
(C.G.) for the offence punishable under Sections 303(2), 3(5) 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
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
Akhil
