1 2026:CGHC:7037 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1392 of 2026 • Yogendra Chouhan S/o Tribhuwan Singh Aged About 22 Years R/o Gandhi Nagar Durga Chowk, Police Station Civil Line, District Raipur, Chhattisgarh. --- Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Pandri, District Raipur, Chhattisgarh. --- Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Mayank Chandrakar, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.02.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.290/2025, registered at Police Station – Pandri Para, District –Raipur (C.G.) for the offence punishable under Sections 309(4), 3(5) of Bhartiya Nyay Sanhita (for short-BNS), VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.10 11:07:52 +0530 2 2023. 2. The case of the prosecution, is that on 26.10.2025, the complainant Prakash Yadav lodged a complaint stating that on 23/10/2025 at about 5:03 a.m., he along with his friend Chandrakumar was going to have tea under the Mowa Over Bridge. When they reached near the petrol pump under the overbridge, three boys riding a black Activa approached them and by threatening and intimidating them, forcibly snatched and robbed one Vivo company mobile phone, a wristwatch, and a silver bracelet from the complainant and his friend, and fled away. On the basis of the complainant's report, Police Station Pandri registered Crime No. 290/2025 under Sections 309(4), 3(5) of Bharatiya Nyaya Sanhita, 2023, hence this bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. It is further submitted that the charge-sheet has been filed in this case and co-accused has also been enlarged on bail by this Court in MCRC No.466 of 2026 vide order dated 14.01.2026. The applicant is in jail since 27.10.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are three criminal antecedents registered against the present applicant. 3 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and co-accused has also been enlarged on bail by this Court in MCRC No.466 of 2026 vide order dated 14.01.2026, charge-sheet has been filed against the applicant, the applicant is in jail since 27.10.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this bail application on the ground of parity. 7. Let applicant, Yogendra Chouhan @ Yogi involved in Crime No.290/2025, registered at Police Station – Pandri Para, District –Raipur (C.G.) for the offence punishable under Sections 309(4), 3(5) of Bhartiya Nyay Sanhita (for short-BNS), 2023, be released on bail on his 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. 4 (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. 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 vaishali