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Chattisgarh High Court
Deva @ Dev Kumar Mahato vs State Of Chhattisgarh on 12 March, 2026
1
2026:CGHC:11944
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1134 of 2026
Deva @ Dev Kumar Mahato S/o Ratan Lal Mahato, Aged About 28 Years, R/o
Maharajpur, Bazarpara, P.S. Taljhari, Distt.- Sahejganj, (Jharkhand)
... Applicant
versus
State of Chhattisgarh Through SHO Police Station- Telibandha, Distt.- Raipur
(C.G.)
... Non-Applicant
For Applicant : Mr. Pragalbha Sharma, Advocate.
For Non-Applicant/State : Ms. Ritika Sharma, Panel Lawyer.
Digitally Hon'ble Mr. Ramesh Sinha, Chief Justice
signed by
PREETI
PREETI KUMARI Order on Board
KUMARI Date:
2026.03.13
12:42:11
12.03.2026
+0530
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. 418/2025 registered at Police Station - Telibandha, District -
Raipur (C.G.) for the offence punishable under Sections 303(2), 134,
112(1) and 3(5) of Bharatiya Nyaya Sanhita (for short 'BNS').
2. As per the case of the prosecution, on 10.07.2025 a report was lodged by
one Govindram Wadhwani, wherein it was alleged by the complainant that
on 22.06.2025, while he was purchasing vegetables at the vegetable
market at Telibandha, his mobile phone (Vivo company, valued at
Rs. 20,000/-) was snatched and stolen by an unknown person. On the
next day, he came to know that by using a UPI application from his mobile
phone, a total amount of Rs. 1,85,000/- was transferred from his two bank
accounts. During the course of investigation, the police arrested two
persons, namely Kanahaiya Kumar and Vishnu Kumar Mandal. Upon
interrogation, they informed the police that they were working under the
instructions of the present applicant. It was further disclosed that after
stealing the mobile phones, they used to hand over the stolen phones to
Shiekh Abul and Turanjan, who would transfer money by using UPI
applications. Thereafter, after 10-15 days, the said mobile phones were
sold in Jharkhand to the present applicant.
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. He further submits that the FIR has been registered against the
unknown persons. He also submits that the police of police station
-Telibandha had arrested two persons namely, Kanahaiya Kumar and
Vishnu Kumar Mandal and on the basis of their statement the applicant
who is a resident of State of Jharkhand has been falsely implicated in
connection with the alleged crime. He also submits that no seizure has
been made from the present applicant and there are no previous criminal
antecedents of the applicant. He further submits that co-accused, namely,
Vishnu Mandal has been granted bail by this Court vide order dated
29.01.2026 passed in MCRC No. 967/2026, further the charge-sheet has
been filed and he is in jail since 06.08.2025, the trial is likely to take some
time for its conclusion. Therefore, he prays for grant of bail to the
applicant on the ground of parity.
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 and
could not dispute the fact that the co-accused person has been granted
bail by this Court. She further submits that the applicant has one previous
criminal antecedents in the State of Jharkhand, hence, he 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 and the fact that no seizure has been made from
the present applicant and the name of the applicant has came into light in
the memorandum statement of the co-accused, further the applicant has
one previous criminal antecedent, and the co-accused, namely, Vishnu
Mandal has been granted bail by this Court vide order dated 29.01.2026
passed in MCRC No. 967/2026, further the charge-sheet has been filed
and he is in jail since 06.08.2025, this Court is of the view that the
applicant is entitled to be released on bail in this case on the ground of
parity.
7. Accordingly, the bail is allowed. Let the Applicant- Deva @ Dev Kumar
Mahato, involved in Crime No. 418/2025 registered at Police Station -
Telibandha, District - Raipur (C.G.) for the offence punishable under
Sections 303(2), 134, 112(1) and 3(5) of Bharatiya Nyaya Sanhita (for
short 'BNS'), be released on bail on his furnishing a personal bond with
two local 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.
8. 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
Preeti
