1 2025:CGHC:61251 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9099 of 2025 1 - Aditya Palewal @ Aadi S/o Shri Ramkumar Palewal Aged About 25 Years R/o Gouri Nagar, Mahadev Ngaar, Ward No. 13, Police Out Post - Chikhali, Police Station - Kotwali, District - Rajnandgaon (C.G.) 2 - Abhishek @ Dada Banjari S/o Shri Rajesh Banjari Aged About 25 Years R/o Shivnagar, Dhaba Raod, Ward No. 04, Police Out Post - Chikhali, Police Station - Kotwali, District - Rajnandgaon (C.G.) ... Applicant(s) versus The State Of Chhattisgarh Through The Station House Officer, Police Station - Lalbagh, District - Rajnandgaon (C.G.) ... Respondent(s) For Applicant(s) : Mr. Aniruddha Shrivastava, Advocate. For Respondent(s) : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/12/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 grant of regular bail to the applicants who have been arrested in connection with Crime No. 188/2025 registered at Police Station Lalbagh, District - Rajnandgaon (C.G.) for the offence punishable under Sections 310(2), 296, 115(2), 351(2), 308(2), 140(1), 126(2) of BNS. 2. Case of the prosecution, in brief, is that the prosecution case is that on 22.04.2025, the complainant, Tarun Kumar Soni, lodged a report at Police Station Lalbagh alleging that on 10.04.2025 at about 11:45 P.M., after loading a vehicle from the house of Rizwan Jamal at Divanpara and proceeding towards Railway Station, Rajnandgaon, he was allegedly stopped near midnight by Purushottam Sahu, Nitin Sahu, Rahul Singh (the present applicant), Aditya, and Dada. It is alleged that the complainant was abducted and taken to Abis Factory, where he was assaulted, abused in filthy language, and Rs.4,000/- was taken from him, a video was prepared, and a further demand of Rs.20,000/- was made. On the basis of the said report, an offence under Sections 310(2), 296, 115(2), 351(2), 308(2), 140(1), and 126(2) of the Bharatiya Nyaya Sanhita, 2023 was registered, and the applicants were arrested on 23.07.2025. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that identically situated co-accused, namely, Rahul Singh has already 3 been granted bail by this Court vide order dated 31.10.2025 in MCRC No.8672 of 2025. The applicants are in jail since 06.10.2025, the applicants have no criminal antecedents, 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 applicants. 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 further submits that the applicants are alleged to be the persons who stopped the complainant on the night of 10.04.2025, abducted him to Abis Factory, assaulted and abused him, forcibly took Rs.4,000/-, made a video of the incident, and demanded an additional amount of Rs.20,000/-, therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 06.10.2025, the fact that though the applicants are alleged to be part of persons who stopped the complainant on the night of 10.04.2025, abducted him to Abis Factory, assaulted and abused him, forcibly took Rs.4,000/-, made a video of the incident, and demanded an additional amount of Rs.20,000/-, but considering the fact that the identically situated co-accused, namely, Rahul Singh has already been granted bail by this Court vide order 4 dated 31.10.2025 in MCRC No.8672 of 2025, the applicants have no criminal antecedents and charge-sheet has been filed, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicants-Aditya Palewal @ Aadi and Abhishek @ Dada Banjari, involved in Crime No. 188/2025 registered at Police Station Lalbagh, District - Rajnandgaon (C.G.) for the offence punishable under Sections 310(2), 296, 115(2), 351(2), 308(2), 140(1), 126(2) of BNS, be released on bail on his 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 misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued 5 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. (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 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 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil