[Cites 0, Cited by 0]
Chattisgarh High Court
Pramod Kumar Kenwat vs State Of Chhattisgarh on 27 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:14474
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2812 of 2026
Pramod Kumar Kenwat S/o Gopal Prasad Kenwat Aged About 19 Years R/o
Near Water Tank, Bankimongra, P.S.- Bankimongra, Tahsil Katghora, District
Korba (C.G.)
... Applicant
versus
State of Chhattisgarh Through Station House Officer, Police Station Darri
District Korba (C.G.)
... Non-applicant
For Applicant : None.
For Non-applicant/State. : Ms. Ritika Verma, Panel Lawyer.
Digitally signed
by ABHISHEK
ABHISHEK SHRIVAS
SHRIVAS Date:
2026.03.27
Hon'ble Mr. Ramesh Sinha, Chief Justice
14:24:56
+0530
Order on Board
27.03.2026
1.
None appears nor is any representation made on behalf of the applicant
to press this bail application when the case is called out.
2. It transpires from the record that the applicant is in jail since 30.09.2025.
Hence, the Court proceeds to consider and hear the bail application of
the applicant with the assistance of the State counsel.
3. This is the first bail application filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant
who has been arrested in connection with Crime No. 224/2025 registered
at Police Station Darri, District - Korba (C.G.), for the offences
punishable under Sections 111(2), 317(4), 310(2) of the Bhartiya Nyay
Sanhita, 2023.
4. As per the prosecution story, in brief, on 30.09.2025, the complainant
lodged a report at Police Station Darri alleging that on 22.09.2025 at
around 21:40 hours, he was on his way to Bankimongra when, near
Sumudha Bridge, 7-8 persons approached him, looted his mobile phone,
motorcycle (Honda Shine bearing Registration No. CG-BD-8261), and
cash amounting to Rs. 3,000-4,000/- and assaulted him with hands and
fists. On the basis of the above report, an offence was registered against
unknown persons, and during the course of investigation, the accused
persons, including the present applicant, were arrested.
5. On the other hand, learned State counsel opposes the bail application,
submitting that the charge-sheet has been filed and, as per the
prosecution case, the complainant was robbed and assaulted by 7-8
persons on 22.09.2025 near Sumudha Bridge, pursuant to which the
present applicant was arrested during investigation, however, she fairly
concedes that no recovery has been made from his possession.
6. I have heard learned State counsel and perused the case diary.
7. Taking into consideration the facts and circumstances of the case and
upon perusal of the case diary, it transpires that the complainant was
robbed and assaulted by 7-8 persons on 22.09.2025 near Sumudha
Bridge, pursuant to which the present applicant was arrested during
investigation, however, no recovery has been made from his possession.
Further, the applicant has only one criminal antecedent under the BNS,
which is pending trial. Considering also that the charge-sheet has already
been filed, the applicant has been in custody since 30.09.2025, and the
conclusion of the trial is likely to take considerable time, this Court is of
the view that the present applicant is entitled to be released on bail.
8. Let the Applicant - Pramod Kumar Kenwat, involved in Crime No.
224/2025 registered at Police Station Darri, District - Korba (C.G.), for
the offences punishable under Sections 111(2), 317(4), 310(2) of the
Bhartiya Nyay Sanhita, 2023, be released on bail on furnishing 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 his 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
concerned for necessary information and compliance forthwith.
- Sd/-
(Ramesh Sinha)
Chief Justice
Abhishek
