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Chattisgarh High Court
Deepak Tandan vs State Of Chhattisgarh on 13 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12131
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
GOURI MCRC No. 1959 of 2026
MUDALIAR
Deepak Tandan S/o Raj Narayan Aged About 18 Years R/o Village Mahmand,
Digitally signed by
GOURI MUDALIAR Police Station Torwa, Tahsil And District Bilaspur, Chhattisgarh.
Date: 2026.03.16
12:25:26 +0530 ... Applicant
versus
State Of Chhattisgarh Through Station House Officer, Police Station Torwa,
District Bilaspur, Chhattisgarh.
... Respondent
For Applicant : Shri Rahul Goswami, Advocate.
For : Shri Sourabh Sahu, PL.
Respondent/State
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 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.531/2025 registered at Police Station Torwa, District- Bilaspur,
(C.G.) for the offence punishable under Sections 331(4), 305 (A), 238
of B.N.S.
2. Case of the prosecution, in brief, is that on 26.11.2025, the complainant
Ashish Singh Thakur informed the Police Station Torwa that on
22.11.2025, due to the death of his father-in-law, he had locked his
house and gone to amalai with his family on 24.11.2025, when he
returned after dropping his wife and children, he saw that the front door
of his house was open. When he went inside the house. He found the
cupboard door broken and the contents stolen and all other items
thrown away. The thieves had made off with gold and silver jewellery
and Rs.50,000/- in cash from his house. Based on the above
information, a case was registered under Section 331 (4), 305 (A), 238
of B.N.S at Torwa Police Station, Bilaspur taken into consideration.
3. Learned counsel for the applicant submits that the applicant is innocent
and he has been falsely been implicated in this case and the police did
not conduct proper enquiry about the incident for registering FIR
against the applicant. He would submit that the police has not seized
any article from the possession of the applicant and the allegation
made by the complainant is false and baseless against applicant. He
would submit that the charge sheet has been filed in this case, the
applicant is in jail since 05/02/2026 and conclusion of trial will take
some time, therefore, he prays for grant of bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail application
and he would submit that charge sheet has been filed in this case
before the competent court and the applicant has no criminal
antecedents. He would further submit that no seizure has been made
from the applicant.
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 of allegation levelled against the applicant, period of detention
of the applicant since 05/02/2026, charge sheet has been filed, no
seizure has been made from the applicant, he has no criminal
antecedents and also considering the fact that trial is likely to take
some time for its conclusion, therefore this Court is of the view that the
applicant is entitled to be released on bail in this case.
7. Accordingly, the bail application is allowed and it is directed that the
Applicant- Deepak Tandan, involved in Crime No.531/2025 registered
at Police Station Torwa, District- Bilaspur, (C.G.) for the offence
punishable under Sections 331(4), 305 (A), 238 of B.N.S., be released
on bail on his furnishing a 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
for necessary information and compliance.
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
gouri
