MANISH DEVNATH vs STATE OF CHHATTISGARH

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CGHC010337002026 2026:CGHC:38819
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 8102 of 2026
Manish Devnath S/o Late Shankar, Devnath, Aged About 21 Years R/o
Village Sakalo, Bangalipara, P. S. Gandhinagar, Ambikapur, District
Sarguja, C. G.
... Applicant(s)
versus
State Of Chhattisgarh Through- S H O Police Station Gandhinagar,
Digitally
signed by
AKHILESH
KUMAR
DEWANGAN
District Sarguja C G.
AKHILESH
KUMAR
DEWANGAN
... Respondent(s)
For Applicant(s) : Mr. Pushkar Sinha, Advocate.
For Respondent(s) : Mr. Sourabh Sahu, Panel Lawyer.
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 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. 274/2026 registered at Police Station
Gandhinagar, Ambikapur District Sarguja (C.G.) for the offence

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punishable under Sections 126(2), 310(2), 3(5) of BNS and
Sections 25 and 27 of the Arms Act.
Case of the prosecution, in brief, is that on 13.05.2026, the
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complainant, Dharmendra Yadav, lodged a report at Police Station
Gandhinagar alleging that on 12.05.2026 at about 12:00 midnight,
while he was proceeding from Koladih to Kalyanpur in his auto-
rickshaw, 10–12 persons riding on Pulsar motorcycles came from
behind near Ghaghari Gervani Nalaa, stopped his auto-rickshaw,
threatened him by showing a pistol and snatched his mobile
phone. On the basis of the said report, an offence under Sections
126(2), 310(2) and 3(5) of the BNS and Sections 25 and 27 of the
Arms Act was registered. During investigation, the present
applicant/accused was arrested on 14.05.2026 and is presently in
judicial custody. Hence, the bail application.
3. Learned counsel for the applicant submits that the applicant has
not committed any offence and he has been falsely implicated in
offence in question. He further submits that one of the identically
situated co-accused namely, Lavkush Kumar has already been
granted bail by this Court vide order dated 31.08.2026 in MCRC
No.6864 of 2026. The applicant is in jail since 14.05.2026, the
applicant has no criminal antecedent, charge-sheet has been filed
and the trial is likely to take some time for its conclusion.
Therefore, he prays for grant of bail to the applicant.
On the other hand, learned State Counsel opposes the bail
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application and submits that the charge-sheet has been filed in
the present case. He further submits that the allegation against
the applicant is that he along with the co-accused persons
intercepted the complainant’s auto-rickshaw, threatened him by
showing a pistol and snatched his mobile phone. Therefore, the
applicant is not entitled for grant of bail.
5. I have heard learned counsel appearing for the parties and
perused the case diary.
Taking into consideration the facts and circumstances of the case,
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nature and gravity of offence, period of detention of the applicant
since 14.05.2026, the fact that though the applicant in collusion
with other co-accused persons intercepted the complainant’s
auto-rickshaw, allegedly threatened him by showing a pistol and
snatched his mobile phone, but considering the fact that co-
accused namely, Lavkush Kumar has already been granted bail
by this Court vide order dated 31.08.2026 in MCRC No.6864 of
2026 and the case of present applicant is identical to that of the
said co-accused person, further the applicant has no criminal
antecedent and charge-sheet has been filed, this Court is of the
view that the applicant is entitled to be released on bail in this
case.
7. Accordingly, the application is allowed.
8. Let the Applicant- Manish Devnath, involved in Crime No.
274/2026 registered at Police Station Gandhinagar, Ambikapur

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District Sarguja (C.G.) for the offence punishable under Sections
126(2), 310(2), 3(5) of BNS and Sections 25 and 27 of the Arms
Act, 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

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of liberty of bail and proceed against him in
accordance with law.
Office is directed to send a certified copy of this order to the trial
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Court for necessary information and compliance.

Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
Akhil