1 2026:CGHC:398 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10003 of 2025 • Sheikh Samir Baksh @ Shami S/o Late Shri Kalim Baksh Aged About 22 Years R/o Tarbahar, P.S. Tarbahar, District- Bilaspur (C.G.) (Details Mentioned As Per Order Sheet) ... Applicant versus • State of Chhattisgarh Through Station House Officer (S.H.O.) P.S. Torwa District- Bilaspur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Devershi Tahkur, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.01.2026 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. 343/2025, registered at Police Station – Torwa, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 109(1), 109(2), 191(3), 190 and 311 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on 14.08.2025, the Complainant Rahul Goswami appeared before Police Station Torwa, District VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.06 11:49:59 +0530 2 Bilaspur (C.G.) and lodged a written report stating that on the same day at about 08:30 p.m., he along with his friend Bajrang was proceeding to the house of Gopal Dairy, situated at 12 Kholi Railway Colony, on a Bullet motorcycle bearing registration No. CG-10-BM- 7682, after purchasing curd. When they reached near the bridge ahead of Titli Chowk, at that moment, accused persons namely Ismail, Imran Khan, Kunal @ Yusuf Khan, Shammi Khan, Rizwan Khan, Abhay Chauhan, Gulshan Hathaleskar and Aman, who were riding on three motorcycles, arrived from the direction of Jagannath Temple and stopped near them and co-accused accused Rizwan Khan forcibly took the motorcycle key from the Complainant and started assaulting him, Meanwhile, accused Gulshan Hathaleskar stabbed Bajrang Kumar with a knife, causing injury on his right hand, and accused Rizwan Khan assaulted Bajrang on his knee with a stick. Accused Shammi Khan caught hold of the applicant by his collar, hurled filthy abuses and threatened to kill him. Thereafter, accused Imran Khan struck the Complainant on his neck with a sharp weapon with an intention to cause death, resulting in profuse bleeding. Accused Ismail assaulted him on the back with a belt and accused Shammi further beat him with a pipe, causing injury on his leg, & all the accused persons collectively assaulted him. Fearing for their lives, the applicant and his companion fled the spot, leaving the motorcycle behind. It is further alleged that the accused persons forcibly took away the motorcycle and accused Abhay Chauhan snatched approximately Rs.20,000/- being Ganesh festival donation money from the complainant’s pocket. Thereafter, FIR has been registered against the applicant, hence, this bail application. 3. It is argued by the learned counsel for the applicant that the 3 applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. He also submits that in compliance of this Court’s order dated 05.12.2025, he has filed certified copy of the corrected order of the learned trial Court. He also submits that co-accused have already granted bail by this Court in MCRC No.9500 of 2025 vide order dated 17.12.2025. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 07.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been submitted against the present applicant on 05.11.2025 and offence under Section 311 of BNS has also been added. However, the bail application which was rejected by the trial Court on 20.11.2025 was after filing of the charge-sheet, but in compliance of this Court’s order dated 05.12.2025, learned counsel for the applicant has filed a certified copy of the corrected order along with covering memo. 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 the fact that there is no any criminal antecedents registered against the present applicant, co-accused have already granted bail by this Court in MCRC No.9500 of 2025 vide order dated 17.12.2025, charge-sheet 4 has been filed against the applicant, the applicant is in jail since 07.01.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Sheikh Samir Baksh @ Shami, involved in Crime No. 343/2025, registered at Police Station – Torwa, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 109(1), 109(2), 191(3), 190 and 311 of the Bharatiya Nyaya Sanhita, 2023 (BNS), 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. (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 5 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