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Chattisgarh High Court
Monu @ Deepanshu Manjhi vs State Of Chhattisgarh on 13 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12157
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2417 of 2026
Monu @ Deepanshu Manjhi S/o Late Krishna Manjhi Aged About 19
Years R/o Mukut Nagar, Near Pani Tanki, Raipur, P.S. Azad Chowk,
Raipur, Distt. Raipur, Chhattisgarh.
... Applicant
versus
State of Chhattisgarh Through P.S. Amleshwar, District- Durg,
Chhattisgarh.
... Non-applicant
For Applicant : Mr. Tarun Dansena, Advocate
For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
13.03.2026
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. 158/2025 registered at Police Station-
Amleshwar, District- Durg, (C.G.) for the offence punishable under
Sections 305(A), 331(4) and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
2. Case of the prosecution, in brief, is that the complainant lodged a
report at Police Station Amleshwar on 28.11.2025 stating that his
RAHUL
DEWANGAN
Digitally
signed by
RAHUL
DEWANGAN
brother, along with his family members, had gone out of town on
20.11.2025 at about 10:30 PM. Thereafter, the complainant
received a phone call from his brother informing him that their
neighbour had called and informed him that the lock of his house
had been broken and a theft had taken place. Upon reaching the
house and entering inside, they found that the household articles
were scattered and gold and silver jewellery kept in the cupboard
was found missing, which had allegedly been stolen by unknown
persons. During the course of investigation, the police arrested the
aforementioned three accused persons in connection with the said
incident. On the basis of the report, the police registered an offence
under Sections 305A, 331(4), and 3(5) of the B.N.S., and after
completion of the entire investigation, a charge sheet has been filed
before the learned J.M.F.C., Bhilai-3, District Durg (C.G.). Hence,
this bail application.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case and
has not committed any act which would justify his conviction under
the alleged sections. It is further submitted that there is no direct
evidence connecting the applicant with the alleged offence and the
entire prosecution case is based merely on suspicion and
conjectures. He also submits that no recovery of the alleged stolen
article has been effected from the possession of the present
applicant and there is no legally admissible material available on
record to establish the involvement of the applicant in the
commission of the alleged offence. He further submits that similarly
situated co-accused person, namely, Rahul Sonkar has already
been granted bail by this Court vide order dated 30.01.2026 in
MCRC No. 1015/2026. He also submits that the applicant has only
one criminal antecedent, and he is in jail since 29.11.2025, the
charge-sheet has been filed and 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 already been
filed before the competent Court. It is further submitted that the
applicant has two previous criminal antecedents and a recovery of
gold and silver ornaments has been made from his possession
during the investigation. Therefore, considering the said recovery
and the nature of the allegations, the applicant is not entitled to be
released on 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, the fact that though the present
applicant and other co-accused had broken the lock of the house
and committed theft of gold and silver ornaments and from the
possession of the present applicant gold and silver ornaments has
been seized and the applicant has two criminal antecedents, but
other co-accused person, namely, Rahul Sonkar has already been
granted bail by this Court vide order dated 30.01.2026 in MCRC
No. 1015/2026, and the case of present applicant is identical to that
of the co-accused person, further the charge-sheet has been filed in
the present case and he is jail since 29.11.2025, the conclusion of
the trial will take some more time, hence, 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 application of the applicant is allowed. Let the
Applicant - Monu @ Deepanshu Manjhi, involved in Crime No.
158/2025 registered at Police Station- Amleshwar, District- Durg,
(C.G.) for the offence punishable under Sections 305(A), 331(4)
and 3(5) of the Bharatiya Nyaya 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 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 provide a certified copy of this order to the trial
Court concerned for necessary information and compliance
forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
Rahul Dewangan
