1 2026:CGHC:111 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9428 of 2025 1 - Lucky Verma S/o Gajanand Verma Aged About 18 Years R/o Village Bhadrapali Police Station Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh 2 - Shubham Dhruw S/o Late Ramkumar Dhruw Aged About 21 Years R/o Village Bhadrapali Police Station Balodabazar, District : Balodabazar- Bhathapara,Chhattisgarh 3 - Yogesh Yadav S/o Narsingh Yadav Aged About 19 Years R/o Village Bhadrapali Police Station Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh ...Applicants versus State Of Chhattisgarh Through Station House Officer Police Station Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh ...Non-applicant For Applicants : Mr. Satya Prakash Verma, Advocate. For Non-applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.01.2026 1. This is the first bail application filed under Section 483 of the Bhartiya VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.03 11:19:22 +0530 2 Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 1002/2025 registered at Police Station – Balodabazar District - Balodabazar-Bhatapara (C.G.), for the offence punishable under Sections 109(1), 309(4), 296, 351(2) and 3(5) of the BNS 2023. 2. The prosecution story in brief is that the complainant Bhagirathi Yadav lodged report at in Police Station, Balodabazar, alleging therein that on 15.10.2025 at about 12.00 noon, he was patrolling duty in plant, at that time, the accused persons were preparing for theft of scrap and after seeing the complainant, the accused fled away. After sometime, the accused persons again came under plant, abused the complainant, assaulted him and when the complainant was tried to inform the security officer, the accused persons looted his mobile as well as cash Rs. 4000/- kept in mobilecover. On the basis of above report, the FIR was registered against Tantrik Dewar, Prabhat Bharti & others. 3. Learned Counsel for the applicants submits that the present applicants have been falsely implicated in this case. They have neither assaulted the complainant nor looted his mobile phone or cash amount of Rs. 4,000/- from him. In fact, the applicants are labourers working at Ambuja Cement Company, Rawan, and on the date of the alleged incident, they were going to the company for their labour work when the complainant stopped them from entering the premises; despite informing him that they were employees of the company, he did not allow them to enter, which resulted in a minor dispute between the parties. The applicants are young boys, their names do not find 3 mention in the FIR, and they have been arrested merely on suspicion without any cogent material. The alleged offences are not punishable with death or imprisonment for life, and the prosecution evidence collected so far does not prima facie establish the involvement of the applicants in the alleged offence. The applicants have neither committed nor participated in any act constituting the alleged offences and undertake to appear before the trial Court during the course of trial and not to misuse the liberty of bail. The applicants have been in judicial custody since 19.10.2025 Therefore, they prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel for the State, opposes the bail application of the applicants. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of the allegations levelled against the present applicants and the fact that the applicants were not named in the statement recorded under Section 161 CrPC of the injured, namely Bhagirathi Yadav, who lodged the complaint only against two accused persons, namely Tantrik Dewar and Prabhat Bharti, and stated that he could identify the persons who allegedly committed the assault and loot, that no Test Identification Parade was conducted and that the applicants have no criminal antecedents and have been in judicial custody since 19.10.2025, and that the trial is likely to take some more time for its conclusion, this Court is of the considered view that the present applicants are entitled to be released on bail in this case. 4 7. 4 7. Let the applicants – Lucky Verma, Shubham Dhruw and Yogesh Yadav, involved in Crime No. 1002/2025 registered at Police Station – Balodabazar District - Balodabazar-Bhatapara (C.G.), for the offence punishable under Sections 109(1), 309(4), 296, 351(2) and 3(5) of the BNS 2023, be released on bail on furnishing a personal bond with two local 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 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, 5 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav