1 2025:CGHC:40857 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5675 of 2025 1 - Pritam Toppo S/o Sebe Kindo Aged About 18 Years R/o Village Puranga, P.S. Bagicha, District Jashpur Chhattisgarh 2 - Mukesh Kumar S/o Balku Ram Aged About 24 Years R/o Village Puranga, P.S. - Bagicha, District Jashpur Chhattisgarh 3 - Dilchandra Ram S/o Kamal Ram Aged About 26 Years R/o Village Puranga, P.S. - Bagicha, District Jashpur Chhattisgarh 4 - Dilbodh Ram S/o Mohar Ram Aged About 19 Years R/o Village Puranga, P.S. - Bagicha, District Jashpur Chhattisgarh 5 - Bipinchandra Toppo S/o Benedik Toppo Aged About 21 Years R/o Village Puranga, P.S. - Bagicha, District Jashpur Chhattisgarh 6 - Arun Kumar S/o Karam Saay Aged About 19 Years R/o Village Puranga, P.S. - Bagicha, District Jashpur Chhattisgarh 7 - Aalok Tirkey S/o Basil Tirkey Aged About 27 Years R/o Village Puranga, P.S. - Bagicha, District Jashpur Chhattisgarh 8 - Nikunj Beck S/o Francis Beck Aged About 29 Years R/o Semardih, P.S. - Bagicha, District Jashpur Chhattisgarh …Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Of Police Station Bagicha District Jashpur, Chhattisgarh ... Non-Applicant(s) For Applicants : Mr. Syed Ishhadil Ali, Advocate For Non-Applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/08/2025 1. The defect which has been pointed out by the Registry of this Court with respect to the non filing of the certified copy of the bail rejection order dated 06.05.2025, it appears that the counsel for the applicant submits that the same has been filed in the bail application of the co-accused namely Sangam which has been allowed being MCRC No. 5282/2025, vide order dated 08.07.2025. 2. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicants who have been arrested in connection with Crime No. 91/2025 registered at Police Station- Bagicha, District- Jashpur (C.G.), for the offence punishable under Sections 191(1), 191(3), 190, 119(1), 296, 310(2), 331(6) of B.N.S.,2023. 3. Case of the prosecution, in brief, is that on 26.04.2025 at about 11:00 PM, the applicants/accused persons, forming an unlawful assembly at the grocery shop located in the house of the complainant Laxman Yadav in village Pandripani, Police Station Bagicha, District Jashpur (C.G.), with a common object of such assembly, being armed with deadly weapons, committed rioting with the intention of committing dacoity. They forcibly entered the complainant’s grocery shop, thereby committing housebreaking, and abused the complainant using obscene language relating to his mother and sister, causing him and others great annoyance. They 3 further demanded money from the complainant for purchasing liquor, gutkha, and cigarettes and when he refused, they assaulted him with sticks and rods, voluntarily causing him hurt or grievous hurt, overturned the shop counter, and took away a sum of ₹23,000/- from the cash drawer. Thus, they committed dacoity by using force and violence during the incident, and rioting was also caused. On the basis of the written complaint lodged by complainant Laxman Yadav, an FIR was registered at Police Station Bagicha as Crime No. 91/2025, against the accused persons. 4. Learned counsel for the applicants submit that the applicants are innocent and they have been falsely implicated in this case. He further submits that this Court has already been granted bail to the co-accused namely Sangam Tirkey and Aman Kindo in MCRC 5282/2025 vide order dated 08/07/2025 and the case of the applicants are identical to that co-accused. He further submits that the FIR was lodged after two days of delay that conduct of the complainant shows to falsely implicated after planed. He further submits that the present applicants were only standing in front of the shop with other co-accused to get the cloves and Cardamom that reason applicants were falsely implicated in the present case and the applicants have no previous criminal antecedents and in the present case, charge-sheet has been filed before the competent Court and the applicants are in jail since 29.04.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4 5. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and the applicants have no previous criminal antecedents however, the allegation against them are that they the applicant along with co-accused persons asked for money from the complainant for gutka, cigarette and liquor and on refusal, they abused the complainant with filthy language and took out Rs. 23,000/- from cash drawer and assaulted the complainant and his wife and then fled the scene. Accordingly, they are not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that in the present case, charge-sheet has been filed before the competent Court and the applicants have no criminal antecedents further considering the fact that the co-accused namely Sangam and Aman Kindo have already been granted bail by this Court in MCRC No. 5282/2025, vide order dated 08.07.2025 and further it appears that the case of the applicants are similar to that of co-accused and they are in jail since 29.04.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicants. 8. Accordingly the bail application is allowed. Let the applicants – Pritam Toppo, Mukesh Kumar, Dilchandra Ram, Dilbodh Ram, 5 Bipinchandra Toppo, Arun Kumar, Aalok Tirkey abd Nikunj Beck, involved in Crime No. 91/2025 registered at Police Station- Bagicha, District- Jashpur (C.G.), for the offence punishable under Sections 191(1), 191(3), 190, 119(1), 296, 310(2), 331(6) of B.N.S.,2023, be released on bail on their furnishing a personal bond with two sureties each, in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 6 (iv) The applicants 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 applicants are deliberated 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 them in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal