Chhattisgarh HC condemns bench hunting in bail cases, orders fresh listing before appropriate bench

April 19, 2026 : The High Court of Chhattisgarh has come down strongly on what it described as a clear instance of “bench hunting” in a set of connected bail applications arising from the same criminal case, directing administrative steps to ensure proper listing before the appropriate bench.

In an order dated April 13, 2026, Chief Justice Ramesh Sinha was dealing with multiple bail applications, including MCRC No. 1603/2026 (Akbar Khan vs State of Chhattisgarh) and other connected matters linked to Crime No. 736/2025 registered at Masturi police station in Bilaspur. The case involves offences under provisions of the Bharatiya Nyaya Sanhita and the Arms Act.

The Court noted that a related criminal revision filed by a juvenile co-accused had already been dismissed earlier by a coordinate bench. Subsequently, several bail applications by co-accused persons were filed and listed before different benches at different stages. During this process, one of the co-accused, Devesh Suman alias Nikku, filed a separate bail application in which a counsel appeared whose cases were treated as an “exception” by the bench that had earlier rejected the juvenile’s revision plea.

This development led to the recusal of that bench from hearing the connected bail matters. The Chief Justice observed that such conduct appeared to be a deliberate attempt to avoid a particular bench, terming it “bench hunting,” a practice the Court said cannot be permitted or encouraged under any circumstances.

The Court sharply criticized the conduct of the accused in filing the application in a manner that resulted in the matter being marked as an exception. It held that the attempt to bypass the bench that had already dealt with related proceedings was “highly deprecated” and deserved strict condemnation.

To address the situation, the Court directed that three of the bail applications be placed before the Chief Justice on the administrative side for nomination to the appropriate bench, specifically the one that had earlier decided the connected revision. The fourth bail application, filed by Devesh Suman, is to be listed separately before the present bench after the other matters are decided.

At the same time, the Court left it open for the concerned counsel to withdraw their vakalatnama in the disputed bail application. If such withdrawal is made, the Court indicated that the matter could also be listed before the original bench to ensure consistency in adjudication.

The ruling underscores the judiciary’s firm stance against forum shopping and reinforces the principle that litigants cannot manipulate bench composition to secure a perceived advantage in proceedings.

Case Reference : MCRC No. 1603 of 2026, Akbar Khan v. State of Chhattisgarh.