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Chattisgarh High Court
Sanjay Kumar Ramteke vs State Of Chhattisgarh on 13 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12174
KUNAL
DEWANGAN NAFR
Digitally
signed by
KUNAL HIGH COURT OF CHHATTISGARH AT BILASPUR
DEWANGAN
MCRC No. 2353 of 2026
Sanjay Kumar Ramteke S/o Shri Rajendra Ramteke Aged About 34
Years Resident Of Gram Chhurripara, Police Station Balod, District Balod
(C.G.)
... Applicant(s)
versus
State Of Chhattisgarh Through- Station House Officer, Police Station City
Kotwali, District Dhamtari (C.G.)
... Non-Applicant(s)
For Applicant : Mr. Aditya Bhardwaj, Advocate
For Non-Applicant/State : Mr. Shubham Bajpai, Panel Lawyer.
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. 327/2025 registered at Police Station- City Kotwali, District-
Dhamtari (C.G.), for the offence punishable under Sections 204(2),
319(2), 331(3), 61(2) and 3(5) of B.N.S.
2. Case of the prosecution, in brief, is that on 17.11.2025 at about
11:30 A.M., the complainant, Dr. Dilip Rathod, resident of
Ratnabandha Road, Dhamtari, submitted a written report at Police
Station City Kotwali, Dhamtari, alleging that 6-7 unknown persons
entered his residence while he was having breakfast and
represented themselves to be officers of the Income Tax
Department. It is alleged that the said persons, without producing
any valid search warrant or authorization, conducted a search of the
entire house, including drawers, cupboards and other household
articles. During the course of the alleged incident, they took
possession of the mobile phones of the complainant, his family
members and staff members and did not permit them to contact
anyone or leave the premises According to the prosecution, when
the complainant demanded to see the search warrant, the said
persons failed to produce any lawful document and only showed a
suspicious identity card. The alleged accused persons remained
inside the house for approximately one and a half to two hours and
thereafter left in two cars stating that nothing was found. The
prosecution further states that no physical injury was caused to any
person and no cash, jewellery, or valuables were taken away. On
the basis of the written complaint, above offence has been
registered against unknown persons.
3. Learned counsel for the applicant submits that the applicant is
innocent and he has been falsely implicated in this case. He further
submits that similarly situated co-accused namely Jitendra Baghel
has been granted bail by this Court in MCRC No. 2228/2026, vide
order dated 10.03.2026 and the applicant is in jail since 17.12.2025
and the conclusion of the trials is likely to take some time therefore,
he prays for grant of bail to the applicant on the ground of parity.
4. On the other hand, learned State Counsel, appearing for the
State/non-applicant, submit that the charge-sheet has been filed
before the competent Court and the trial is currently in progress. He
further concur with the submission made on behalf of the applicant
to the effect that the principle of parity may be considered, however,
he contend that the serious nature of the offences, the ongoing
investigation and the possibility of influencing witnesses weigh
against granting bail to the applicant at this stage.
5. I have heard learned counsel appearing for the parties and perused
the case diary.
6. Considering the facts and circumstances of the case, nature and
gravity of offence, period of detention of the applicant since
17.12.2025 and further the fact that similarly situated co-accused
namely Jitendra Baghel has been granted bail by this Court in
MCRC No. 2228/2026, vide order dated 10.03.2026 and the
applicant is in jail since 17.12.2025 and in the present case,
charge-sheet has been filed before the competent Court and
further the applicant has no criminal antecedent thus, without
further commenting anything on merits, I am inclined to grant bail
to the applicant.
7. Accordingly, the bail application of the applicant is allowed.
8. Let the applicant - Sanjay Kumar Ramteke, involved in Crime No.
327/2025 registered at Police Station- City Kotwali, District-
Dhamtari (C.G.), for the offence punishable under Sections 204(2),
319(2), 331(3), 61(2) and 3(5) 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.
9. Office is directed to send a certified copy of this order to the trial
Court for necessary information and compliance. dorthwith.
- S/- Sd/-
(Ramesh Sinha)
Chief Justice
Kunal
