Citation : 2026 Latest Caselaw 2761 Chatt
Judgement Date : 8 May, 2026
1
2026:CGHC:21687
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 4341 of 2026
Saurabh Das Manikpuri S/o Late Shri Navendra Das Manikpuri Aged About 27
Years R/o Chokhadiyara, P.S. Basantpur, District - Rajnandgaon, Chhattisgarh
... Applicant
versus
State of Chhattisgarh Through SHO, Police Station Basantpur, District
Rajnandgaon (C.G.)
... Non-Applicant
For Applicant : Mr. Shikhar Bakhtiyar, Advocate.
For Non-Applicant/State : Mr. Saurabh Sahu, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Digitally
signed by Order on Board
PREETI
PREETI
08.05.2026
KUMARI
KUMARI Date:
2026.05.08
19:39:53
+0530
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. 36/2026 registered
at Police Station - Basantpur, District - Rajnandgaon (C.G.), for the
offences punishable under Sections 296, 351(2), 115(2), 309(2), 117(1)
and 3(5) of Bharatiya Nyaya Sanhita, 2023.
2. The prosecution case in brief is that the complainant Ineshwar
Chandrakar has lodged a report alleging that on 18.01.2026 at
approximately 01:00 PM, the complainant along with his associate,
Sheshnarayan Chandrakar, had gone to the Desi Plain Liquor outlet in
Mohara on his scooter (bearing registration no. CG 24 J 1299). While the
complainant was standing at the counter with money in his hand to
purchase liquor, an unidentified individual with long hair snatched
Rs.200/- from his hand. Upon resisting, the said individual and his
accomplice began hurling obscene abuses and threatened to kill the
complainant. The prosecution alleges that the accused persons assaulted
the complainant with their fists and a stone wrapped in a cloth ('Gamcha'),
causing him to fall to the ground. Subsequently, the accomplices forcibly
removed the complainant's wallet from his pocket, which contained
Rs.3,000/- in cash and various documents, and fled the scene,
consequently, an FIR has been registered against unknown accused
persons under relevant sections and the applicant was arrested.
3. Learned counsel for the applicant submits that the present applicant is
innocent and has been falsely implicated in the aforesaid case. It is further
submitted that the charge-sheet has already been filed. Learned counsel
further submits that the applicant has seven previous criminal
antecedents, out of which he has been acquitted in three cases, while the
remaining cases are still pending, and the same have been duly explained
in paragraph No. 4(a) of the present bail application. It is also submitted
that the applicant is in judicial custody since 19.01.2026. Therefore, it is
prayed that the present applicant be released on regular bail.
4. On the other hand, learned State Counsel opposes the bail application
and submits that the charge-sheet has been filed in the present case. He
also submits that the applicant has seven previous criminal antecedents
hence, the applicant is not entitled for grant of bail.
5. I have heard learned counsel for the parties and perused the case diary.
6. Taking into consideration the facts and circumstances of the case, nature
of allegations and the material available on record, the fact that, the
charge-sheet has already been filed and the applicant has seven previous
criminal antecedents, out of which he has been acquitted in three cases,
while the remaining cases are still pending, and the same have been duly
explained in paragraph No. 4(a) of the present bail application, further the
applicant is in judicial custody since 19.01.2026, therefore, this Court is of
the view that the present applicant is entitled to be released on bail in this
case.
7. Accordingly, the bail application is allowed. Let the Applicant -
Saurabh Das Manikpuri, involved in Crime No. 36/2026 registered at
Police Station - Basantpur, District - Rajnandgaon (C.G.), for the offences
punishable under Sections 296, 351(2), 115(2), 309(2), 117(1) and 3(5)
of Bharatiya Nyaya Sanhita, 2023, be released on bail on his 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
she 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 her
counsel. In case of her absence, without sufficient cause,
the trial court may proceed against her under Section 269
of Bharatiya Nyaya Sanhita.
(iii) In case, the applicant misuses the liberty of bail during
trial and in order to secure her 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 her, 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 her 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
Preeti
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