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Chattisgarh High Court
Bhupendra Singh vs State Of Chhattisgarh on 19 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
GOURI
MUDALIAR
Digitally signed by
GOURI MUDALIAR 2026:CGHC:13253
Date: 2026.03.19
18:19:12 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1794 of 2026
Bhupendra Singh S/o Late Rajendra Singh Aged About 20 Years R/o
Village Nawapara, Surajpur, Police Station And Tahsil Surajpur, District
Surajpur C.G.
... Applicant
versus
State Of Chhattisgarh Through The Police Station- Jhilmili, District
Surajpur C.G.
... Respondent
For Applicant : Shri Pushpendra Kumar Patel, Advocate.
For : Ms. Sameeksha Gupta, PL.
Respondent/State
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
19/03/2026
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.161/2025 registered at Police Station Jhilmili, District Surajpur
(C.G.) for the offence punishable under Sections 303(2) & 111 of the
Bharatiya Nyay Sanhita, 2023.
2. Case of the prosecution, in brief, is that, the complainant had lodged
the report in Police Station Jhilmili District Surajpur, alleging therein
that during midnight of 16.09.2025 to 17.09.2025, some unknown
person had stolen his bike Pulser bearing registration No.
CG29AE/4257. Based on the report of the complainant, Bhupendra
Singh and Akash Devangan were taken into custody by the Police of
Police Station Jhilmili and during interrogation the accused / applicant
had accepted about the commission of offence. The Police Station
Jhilmili had registered the first information report.
3. Learned counsel for the applicant submits that the applicant is innocent
and he has been falsely implicated in this case. He would submit that
there is nothing on record to show that the applicant has committed
theft. He would submit that the applicant has total six criminal
antecedents, out of which in three cases he has been granted bail by
the trial court and in three cases bail applications are listed today
including this case. He would submit that the charge sheet has been
filed in this case, the applicant is in jail since 28/09/2025 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 she would submit that charge sheet has been filed in this case
before the competent court. She would submit that the applicant has
total six criminal antecedents, out of which in three cases he has been
granted bail by the trial court and in three cases, bail applications are
listed today including this case.
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 28/09/2025, charge sheet has been filed 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- Bhupendra Singh, involved in Crime No.161/2025
registered at Police Station Jhilmili, District Surajpur (C.G.) for the
offence punishable under Sections 303(2) & 111 of the Bharatiya Nyay
Sanhita, 2023, 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
