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Chattisgarh High Court
Swatantra Yadav vs State Of Chhattisgarh on 13 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12168
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2373 of 2026
Swatantra Yadav S/o Shanti Lal Yadav Aged About 23 Years R/o Janjgir, Police
Station Janjgir, District Janjgir-Champa (C.G.)
... Applicant
versus
State Of Chhattisgarh Through The Station House Officer, Police Chauki- Naila,
Police Station- Janjgir, District Janjgir-Champa (C.G.)
... Non-applicant
For Applicant :Mr. Paras Mani Shriwas, Advocate.
Digitally
signed by
PREETI
For Non-applicant/State :Mr. Shubham Bajpai, Panel Lawyer.
PREETI KUMARI
KUMARI Date:
2026.03.13
18:26:46
+0530
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
13.03.2026
1.
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. 29/2026 registered
at Police Chauki- Naila, Police Station- Janjgir, District Janjgir-Champa
(C.G.), for the offences punishable under Sections 305(a), 331(4) and
3(5) of the Bhartiya Nyaya Sanhita, 2023.
2. As per the prosecution story, in brief, on dated 07/01/2026, the
complainant namely Vijay Kumar Agrawal lodged a report at Police
Chauki Naila, stating that his kirana shop is situated on the main road,
Naila-Janjgir. On 06/01/2026, he closed his shop at about 9:00 P.M., but
due to a mistake he could not lock the shop. On the morning of
07/01/2026, he noticed that some portion of the shutter/door of his kirana
shop was open. Upon checking, he came to know that unknown persons
had committed theft of some tobacco articles, perfume, and a sum of
Rs.10,000/-. During the course of investigation, the present applicant was
made an accused and was subsequently arrested on 09/01/2026.
3. Learned counsel for the applicant submits that the present applicant is
innocent and has been falsely implicated in the aforesaid case. He further
submits that the actual facts of the case are that the other co-accused
persons are close friends of the present applicant. They were made
accused in similar nature of offences, and during the course of
investigation the prosecution authorities allegedly tortured them, due to
which they disclosed the names of their friends. On the basis of their
memorandum statements, the present applicant has been made an
accused in the crime in question. Therefore, the applicant is entitled to be
released on bail. He also submits that the applicant has no previous
criminal antecedents, the charge-sheet has been filed and he is in jail
since 09.01.2026. Therefore, the present applicant is also entitled to be
released on regular bail.
4. On the other hand learned State counsel opposes the bail application of
the present applicant and submits that the charge-sheet has already been
submitted in the present case.
5. I have heard learned counsel for the parties and perused the case diary.
6. Taking into consideration the facts and circumstances of the case, the
nature of allegations levelled against the applicant, and the fact that the
charge - sheet has already been submitted in the present case before the
competent Court and he has been in jail since 09.01.2026, conclusion of
the trial may take some more time, therefore, this Court is of the view that
the present applicant is entitled to be released on bail in this case.
7. Accordingly, the bail application is allowed. Let the Applicant -
Swatantra Yadav, involved in Crime No. 29/2026 registered at Police
Chauki- Naila, Police Station- Janjgir, District Janjgir-Champa (C.G.), for
the offences punishable under Sections 305(a), 331(4) and 3(5) of the
Bhartiya Nyaya Sanhita, 2023, be released on bail on his 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 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
Preeti
