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Chattisgarh High Court
Navin Manikpuri@ Lal Manikpuri vs State Of Chhattisgarh on 8 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:16186
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1186 of 2026
Navin Manikpuri@ Lal Manikpuri S/o Satish Manikpuri Aged About 19
Years R/o Narmadapara, Behind Radhakrishna Mandir, P.S. Ganj,
District Raipur Chhattisgarh
... Applicant(s)
versus
KUNAL
DEWANGAN
State Of Chhattisgarh Through Station House Officer, Police Station
Digitally
signed by
KUNAL
Gudhiyari, Raipur, District Raipur Chhattisgarh
DEWANGAN
... Non-applicant(s)
For Applicant : Mr. Rekhraj Baghel, Advocate.
For Non-Applicant : Ms. Ankita Shukla, 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 BNSS
for grant of regular bail to the applicant who has been arrested in
connection with Crime No. 477/2025 registered at Police Station-
Gudhiyari, District Raipur (C.G.), for the offence punishable under
Section 305(a), 3(5) of B.N.S.
2. The case of the prosecution, in brief, is that the complainant lodged
a missing report at the concerned police station stating that, on the
date of the incident, unknown persons committed theft of the silver
Ganesh idol. On the basis of the complaint made by the
complainant, the police registered a case under Sections 305(a)
and 3(5) of the B.N.S. against unknown persons. After completion of
the investigation, the police arrested the present applicant on the
basis of a memorandum statement.
3. Learned counsel for the applicant submits that the present applicant
is an innocent person and has not committed any of the offences as
alleged by the prosecution. It is further submitted that the applicant
has been falsely implicated in the present case solely on the basis
of the memorandum statement of the co-accused persons, which is
false and baseless. There is no material on record to satisfy the
essential ingredients of the offences punishable under Sections
305(a) and 3(5) of the B.N.S. as against the present applicant. It is
also submitted that the prosecution has failed to collect sufficient
material regarding the alleged theft of the said article and no
incriminating article has been seized from the possession of the
applicant. The applicant has neither committed theft of the said
article nor acted in the manner alleged by the prosecution and his
arrest is based only on the memorandum statement. Considering
the material available on record, no prima facie case is made out
against the present applicant. It is further submitted that the
applicant has four criminal antecedents, which have been duly
explained in the bail application in paragraph No. 4(A) and as the
conclusion of the trial is likely to take some time, the applicant prays
for grant of bail.
4. On the other hand, learned State counsel opposes the prayer for
grant of bail and submits that, during the course of investigation, the
present applicant/accused was taken into custody and upon
recording of his memorandum statement, a stolen silver-like
Ganesh idol was recovered at his instance. It is further submitted
that the applicant was arrested on 11.11.2025 and was thereafter
remanded to judicial custody and upon completion of investigation,
the charge-sheet has been filed before the learned trial Court. It is
further submitted that there are specific and serious allegations
against the present applicant that he along with other co-accused
persons, in furtherance of their common intention, committed theft
of the property belonging to the complainant. The stolen articles
include a white ladies purse containing cash amount of ₹1,00,000/-,
a silver Ganesh idol, bichhiya, gifts and one Infinix company mobile
phone, all of which were dishonestly taken away without the consent
of the complainant. She further submits that the complainant had
kept the said cash amount for making payments to tent house
workers and labourers during a marriage function and such acts of
theft cause serious financial loss and hardship to common citizens,
who earn their livelihood through hard work and save money over
time for essential purposes. It is also submitted that the present
applicant has criminal antecedents and as such, he appears to be a
habitual offender. Considering the nature and gravity of the offence,
the manner in which the offence has been committed and the
antecedents of the applicant, it is prayed that the bail application of
the present applicant deserves to 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 offence, period of detention of the applicant
since 10.11.2025 and also considering the criminal antecedent of
the applicant as explained in the bail application of para No.4(A) as
well as recovery made from him and no further interrogation is
required and the trial is likely to take some time for its conclusion,
therefore, without further commenting anything on merits, I am
inclined to grant bail to the applicant.
7. Accordingly, the bail application of the applicant is allowed.
8. Let the applicant- Navin Manikpuri @ Lal Manikpuri, involved in
Crime No. 477/2025 registered at Police Station- Gudhiyari, District
Raipur (C.G.), for the offence punishable under Section 305(a), 3(5)
of B.N.S, 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 forthwith.
- Sd/- Sd/-
(Ramesh Sinha)
Chief Justice
Kunal
