[Cites 3, Cited by 0]
Chattisgarh High Court
Ritesh Chandrakar vs State Of Chhattisgarh on 17 April, 2026
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Digitally signed
by SAGRIKA
SAGRIKA AGRAWAL
AGRAWAL Date:
2026.04.20
11:52:50 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
TPCR No. 7 of 2026
RITESH CHANDRAKAR versus STATE OF CHHATTISGARH
Order Sheet
17/04/2026 Mr. Sushil Dubey, learned counsel for the petitioner.
Ms. Vaishali Mahilong, Dy. G.A. for the Respondent /
State.
In compliance of the Court's order dated 06.04.2026,
the Director General, Jail & Correctional Services, Jail
Headquarter, Nava Raipur, Atal Nagar has filed his personal
affidavit. The relevant para of the aforesaid affidavit is
hereinbelow:-
3. That, at the outset, the deponent most respectfully
submits that he holds the highest regard for the
orders and directions passed by this Hon'ble Court
and is duty-bound to ensure strict and faithful
compliance thereof in letter and spirit.
4. It is respectfully submitted that, the
petitioners/accused (Ritesh Chandrakar and three
others) are under trial in Sessions Trial No. 55/2025
(under Sections 103(1), 238(A), 61(2)(A), 3(5), 239
and 249 of the Bharatiya Nyaya Sanhita) pending
before the Court of the learned Additional Sessions
Judge, South Bastar, Dantewada. The accused
persons are presently lodged in Central Jail,
Jagdalpur, having been transferred from Sub-Jail,
Bijapur.
5. It is respectfully submitted that, the letter dated
13.01.2025 seeking transfer of the accused persons
was issued by the Assistant Superintendent, Sub-Jail
Bijapur, the senior most uniformed jail officer posted
in the Sub-Jail Bijapur, following the provisions of the
Prisons Act, 1894 and the Chhattisgarh Jail Manual.
The transfer was necessitated in view of security
reasons, the case being sensitive in nature with
significant media attention at that point of time,
thereby requiring enhanced security arrangements
and availability of security related infrastructural
capacity, which were better ensured at Central Jail,
Jagdalpur.
6. It is respectfully submitted that, prior permission of
the learned Chief Judicial Magistrate, Bijapur, was
duly sought as per the established procedure, since
the accused persons were in judicial custody. It is
submitted that no transfer of under trial prisoners is
effected without the permission of the competent
Court. The said transfer was duly approved vide
order dated 13.01.2025 by the learned trial court and
was thereafter carried out promptly.
7. It is respectfully submitted that, there is no
difficulty whatsoever on the part of the jail
administration in producing the accused persons
before the learned trial Court at South Bastar,
Dantewada. However, it is respectfully submitted that
the actual production of under trial prisoners is
carried out through Police Force from the local
district police of Bastar district, as per their
operational requirements, including availability of
personnel, vehicles, and prioritization of cases. The
jail authorities, upon receipt of requisition, hand over
custody of the prisoners to the police force in terms
of the Gazette Notification dated 15.11.1996. A copy
of the said notification is annexed herewith as
ANNEXURE A/1.
It is further submitted that, as per Section
5A(1) of the Prisoners (Attendance in Courts) Act,
1958, the responsibility to provide adequate police
force lies with the police department. The jail
administration is empowered only to requisition such
force. It is respectfully submitted that, owing to
certain constraints in police deployment, there may
be certain occasions when all prisoners are not
produced on every date of hearing.
8. It is respectfully submitted that, with a view to
ensure expeditious trial, the jail authorities are fully
equipped and willing to facilitate production of the
accused persons through Video Conferencing from
Central Jail, Jagdalpur, in accordance with
applicable guidelines and the law laid down by the
Hon'ble Supreme Court in State of Maharashtra v.
Praful B. Desai (2003) 4 SCC 601, subject to orders
of the learned trial Court. It is submitted that no delay
has occurred on account of the jail administration. A
date chart prepared by the Jail Superintendent,
Central Jail, Jagdalpur is annexed herewith as
ANNEXURE A/2 (colly.).
9. That, the next date of hearing in the matter is fixed
for 04.05.2026. It is respectfully submitted that all
necessary steps shall be taken to ensure production
of the accused persons on the said date, in
coordination with the police authorities. It is further
submitted that the number of prisoners produced on
each date depends upon the availability of police
escort.
10. It is respectfully submitted that, with a view to
facilitate expeditious trial, the jail authorities are
willing to transfer the petitioners from Central Jail,
Jagdalpur to District Jail, Dantewada, subject to
obtaining necessary permission from the learned trial
Court.
11. It is respectfully submitted that, the deponent
reiterates his highest respect for the orders of this
Hon'ble Court and undertakes to ensure full and
effective compliance thereof at all times.
12. That, the contents of this affidavit have been
drafted under my instructions and are true and
correct to the best of my knowledge and belief,
based on official records.
With respect to the service of notice upon the
Respondent No. 2/ Complainant, there is no service report
submitted by the authorities concerned, as to whether the
notice has been served to the respondent No. 2 or not.
On the request made by learned counsel for the
petitioner, list this case in the next week.
Sd/-
(Ravindra Kumar Agrawal )
Judge
sagrika
