1 2026:CGHC:15082 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2940 of 2026 • Leeta Mahant W/o Krishna Das, Aged About 35 Years R/o Gajra Basti, Navdha Chowk, Thana Bankimongra, District- Korba (C.G.) ... Applicant(s) versus • State Of Chhattisgarh Through P.S. Bankimongra, District- Korba (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Vikas Kumar Pandey, Advocate For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/04/2026 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.16/2026 registered at Police Station Bankimogra, District –Korba (C.G.) for the offence punishable under Sections 132, 221, 226, 191 of BNS. 2. Case of the prosecution, in brief, is that on 23/01/26 the complainant namely Jyotsna Toppo has lodged written complaint against the present applicant and other co-accused person stating VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.02 19:17:08 +0530 2 that the Nagar Palika Parishad Bankimongra was getting the government mangal bhawan constructed next to ward no.11 Gajra playground, During the same time the present applicant and other co-accused person came there and obstructed the construction work and created shouting and stopped the government work. Thereafter police has registered Crime No.16/2026 for offence U/S 132, 221, 226, 191 of B.N.S. against the present applicant and other co accused person. 3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in offence in question. The applicant is in jail since 19.02.2026. The charge-sheet has been filed and no further investigation is required, however, conclusion of the trial is likely to take some time. He further submitted that co-accused has already been granted regular bail by learned trial Court. Copy of the same is annexed herewith as Annexure-A/4 and as such, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application. He also contended that applicant has three previous criminal antecedent, out of which one case is still pending for it’s conclusion and all are mentioned in the bail application at paragraph No.4(a). 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, applicant has three criminal antecedent, out of which only one case in pending for it’s conclusion and applicant is in jail since 19.02.2026, the fact that the conclusion 3 of the trial may take some time and further that co-accused has already been granted regular bail by trial Court, hence, this Court is of the view that the applicant is entitled to be released on bail. 7. Let the Applicant- Leeta Mahant, involved in Crime No.16/2026 registered at Police Station Bankimogra, District –Korba (C.G.) for the offence punishable under Sections 132, 221, 226, 191 of BNS, be released on bail on their 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 of liberty of bail and proceed against him in accordance with law. 4 8. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaishali