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Chattisgarh High Court
Ramesh Kumar Patle vs State Of Chhattisgarh on 18 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:13027
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1407 of 2026
Ramesh Kumar Patle S/o Laxminarayan Patle Aged About 40 Years R/o
Umedibhatha, Police Station- Hardi Bazar, District- Korba (C.G.)
... Applicant
versus
State Of Chhattisgarh Through- Station House Officer, Police Station - Hardi
Bazar, District- Korba (C.G.) ...Non-applicant
VAIBHAV
For Applicant : Mr. Aditya Khare, Advocate
SINGH
Digitally signed
by VAIBHAV
For Non-Applicant/State : Ms. Anusha Naik, Dy. G.A.
SINGH
Date: 2026.03.18
18:21:45 +0530
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
18.03.2026
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.
193/2024 registered at Police Station - Hardi Bazar, District - Korba
(C.G.), for the offences punishable under Sections 309(2),115(2)(b), &
3(5) of the BNS 2023.
2. The prosecution story, in brief, is that a report was lodged by Dinesh
Kumar alleging inter alia that he is working as a Supervisor at R.B.
Construction, which is engaged in constructing a bridge near the
Leelagar River. In the intervening night of 19/20-07-2024, it is alleged
that some unknown persons arrived in a pickup vehicle and stolen iron
rod, HP Tullu pump, an LPG gas cylinder, and cable wire, all
amounting to Rs. 90,000/-. It is further alleged that they came in a
pickup bearing registration number CG-12/BF-7527.
3. Learned counsel for the applicant submits that the applicant is an
innocent person and has been falsely implicated in this offence. it is
further submitted that the charge-sheet has already been filed and the
trial is likely to take considerable time for its conclusion, and therefore
continued detention of the applicant is not warranted; it is also
contended that the alleged offences are not punishable with death or
imprisonment for life, and that the FIR was initially lodged against
unknown persons and the present applicant has been implicated only
on the basis of an alleged memorandum, which is doubtful; it is further
submitted that the applicant is the sole breadwinner of his family and
his prolonged pre-trial detention would adversely affect the livelihood
of his dependents; learned counsel also submits that on similar
allegations, the co-accused has already been granted bail by this
Hon'ble Court in M.Cr.C. No. 10088/2025 vide order dated
09.12.2025, and the case of the present applicant stands on identical
footing; it is further submitted that the applicant is in custody since
28.07.2025, and he undertakes to appear before the trial Court and
not to misuse the liberty if granted bail, therefore, he deserves to be
released on 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 filed in the present case.
5. I have heard learned counsel for the parties and perused the case
diary.
6. Considering the overall facts and circumstances of the case, the
nature and gravity of the allegations levelled against the applicant, it is
submitted that the charge-sheet has already been filed before the
competent Court and that on similar allegations the co-accused has
been granted bail by this Hon'ble Court in M.Cr.C. No. 10088/2025
vide order dated 09.12.2025, and further that the applicant has
remained in judicial custody since 27.12.2025 it is also submitted that
the conclusion of the trial is likely to take considerable time, and
therefore, in view of the aforesaid circumstances, the applicant
deserves to be enlarged on regular bail.
7. Let the Applicant - Ramesh Kumar Patle, involved in Crime No.
193/2024 registered at Police Station - Hardi Bazar, District - Korba
(C.G.), for the offences punishable under Sections 309(2),115(2)(b), &
3(5) of the BNS 2023, be released on bail on his furnishing 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 his 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
Vaibhav
