MANILAL USENDI vs STATE OF CHHATTISGARH

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CGHC010326002026 2026:CGHC:38858
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No.8153 of 2026
1 - Manilal Usendi S/o Late Dayaram Usendi, Aged About 22 Years R/o
Bazarpara, Bhanupratappur, Police Station - Bhanupratappur, District
Uttar Bastar Kanker (C.G.)
Applicant (s)
versus
1 - State Of Chhattisgarh Through The Station House Officer, Police
Station - Bhanupratappur, District - Uttar Bastar Kanker (C.G.)
Respondent(s)
For Applicant (s) : Mr. Shivendu Pandya, Advocate
For Respondent(s) : Mr. Shalin Singh Baghel, GA
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
02.09.2026
1. This is the first bail application filed under Section 483 of Bhartiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the
applicant, who has been arrested in connection with Crime
No.102/2026, registered at Police Station Bhanupratappur,
Digitally
signed
by R
NIRALA
District Uttar Bastar Kanker (C.G.) for the offence punishable
under Sections 296, 115 (2), 351 (2), 238, 109 & 309 (4) of BNS.

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2. The case of the prosecution, in brief, is that on the date of
incident i.e. 13/05/2026 at about 10:00 PM, the complainant
namely Bhupendra Sahu lodged the report against the unknown
persons at the concerned police station alleging that the accused
person committed loot of mobile phone & cash of Rs.3,000/ from
the complainant and further the accused person assaulted the
complainant by the hand & fist, as a result of which he sustained
injuries, thereafter a case was registered against the accused
and they were arrested.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in crime in question. He
further submitted that the report was lodged against unknown
persons and only on the basis of the memorandum of other co-
accused persons, the applicant has been arrested and the
injuries sustained by the complainant were simple in nature and
he has suffered injury on his frontal region and no internal
damage has been caused and no recovery of any looted article
has been made from the accused. He further submitted that the
applicant is in jail since 15.05.2026, he has 3 criminal
antecedents and out of which in two criminal antecedents, he has
been acquitted, whereas only one is pending, charge sheet has
been filed and trial is likely to take quite long time for its
conclusion, therefore, he prays that the applicant be released on
regular bail.

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4. On the other hand, learned State counsel opposes the bail
application of the applicant and submits that the applicant has 3
criminal antecedents, as such he is not entitled to be released on
bail.
5. I have heard learned counsel for the parties and perused all the
documents available on record.
6. Taking into consideration the facts and circumstances of the
case, nature of allegation and further considering that the
applicant is in jail since 15.05.2026, he has 3 criminal
antecedents, out of which in two criminal antecedents, he has
been acquitted, whereas only one is pending, charge sheet has
already been filed and conclusion of the trial is likely to take
some time, therefore, without commenting anything on the merits
of the case, I am inclined to allow this application.
7. Accordingly, the instant bail application of the applicant is
allowed.
8. Let the Applicant – Manilal Usendi , involved in Crime
No.102/2026, registered at Police Station Bhanupratappur,
District Uttar Bastar Kanker (C.G.) for the offence punishable
under Sections 296, 115 (2), 351 (2), 238, 109 & 309 (4) of BNS,
be released on bail on his furnishing a 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

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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/her under Section 269 of Bharatiya
Nyaya Sanhita.
(iii) In case, the applicant misuse the liberty of bail
during trial and in order to secure his/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 his/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 him/her in accordance with law.”
9. Office is directed to provide a certified copy of this order to the
trial Court concerned for necessary information and compliance
forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
Nirala