[Cites 7, Cited by 0]
Chattisgarh High Court
Shailesh Singh Chouhan vs State Of Chhattisgarh on 10 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:16713
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1388 of 2026
Shivam Chouhan S/o Prakash Chouhan Aged About 20 Years R/o
Lalkhadan, Police Station Torwa, Tahsil And District Bilaspur, Chhattisgarh
--- Applicant
versus
State Of Chhattisgarh Through Station House Officer Police Station Torwa,
District : Bilaspur, Chhattisgarh
--- Non-applicant
Along with
MCRC No. 1404 of 2026
1 - Shailesh Singh Chouhan S/o Surendra Singh Chouhan Aged About 21
Years R/o Lalkhadan, Police Station Torwa, Tahsil And District Bilaspur,
Chhattisgarh.
2 - Kushal Pasi S/o Mukesh Pasi Aged About 19 Years R/o Lalkhadan, Police
Station Torwa, Tahsil And District Bilaspur, Chhattisgarh.
---Applicant
Versus
RAJSHEKHAR
SONI State Of Chhattisgarh Through Station House Officer, Police Station Torwa,
District - Bilaspur, Chhattisgarh.
Digitally
signed by
RAJSHEKHAR
---- Non-applicant
SONI
For Applicant : Mr. Rahul Goswami, Advocate.
For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
10.04.2026
1.
The applicants have preferred this First Bail Application under Section
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of
regular bail, as they have been arrested in connection with Crime No.
168/2024, registered at Police Station - Torwa, District - Bilaspur
(C.G.) for the offence punishable under Sections 394 and 34 of the
IPC.
2. The case of the prosecution, is that on 24.04.2024 at on 05:00 pm.
The applicant had reached Deorikhurd F.C.I. from Vardhman Rice Mil
Mungeli in truck number CG 04 LR 9013 loaded with sacks of rice and
due of space for the vehicle., he had parked his vehicle on the
roadside near Deorikhurd turn and was waiting for his number. On
25.04.2024 as the goods were not picked up F.C.I. he was sleeping in
the truck. At about 3:00 in the night, some unknown person started
banging on the truck's door and he woke up. Two persons broke the
door of the truck with a brick and entered inside. Showing him a knife.
They broke his hand and beat him with a small knife they had with
them. After threatening him, they looted the applicant's Oppo company
mobile with jio company Sim number 8349211902 and a total case
amount of Rs. 11,000/- and fled away in a Scooty Activa. Hence, this
application.
3. It is argued by the learned counsel for the applicants that the
applicants are innocent and have been falsely implicated in this case
and there are total of 5 cases of applicants namely Shailesh Singh
Chouhan and Kushal Pasi out of which 4 have been disposed of and
the applicant namely Shivam Chouhan is having 4 criminal
antecedents out of which 2 have been disposed of. The applicants are
in jail since 22.01.2026 and trial is likely to take quite long time for its
conclusion, therefore, he prays for grant of bail.
4. On the other hand, the learned State counsel opposes the bail
application and submits that there are total of 5 cases of applicants
namely Shailesh Singh Chouhan and Kushal Pasi and the applicant
namely Shivam Chouhan is having 4 criminal antecedents, therefore,
the applicants are not liable to be granted bail by this Court.
5. I have heard learned counsel for the parties and perused all of the
documents available on record.
6. Taking into consideration the facts and circumstances of the case,
nature and gravity of allegation levelled against the applicants and the
fact that there are total of 5 cases of applicants namely Shailesh Singh
Chouhan and Kushal Pasi out of which 4 have been disposed of and
the applicant namely Shivam Chouhan is having 4 criminal
antecedents out of which 2 have been disposed of, the applicants are
in jail since 22.01.2026 and conclusion of the trial is likely to take some
time, I am inclined to allow this application on the ground of parity.
7. Let applicants - Shivam Chouhan, Shailesh Singh Chouhan and
Kushal Pasi, involved in Crime No. 168/2024, registered at Police
Station - Torwa, District - Bilaspur (C.G.) for the offence punishable
under Sections 394 and 34 of the IPC, be released on bail on their
furnishing a personal bond with two sureties each 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.
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
Rajshekhar
