1 2026:CGHC:406 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9941 of 2025 Shekh Sameer Ahmad S/o Shri Late Mahfuj Ahmad Aged About 30 Years R/o Santoshi Nagar, Near Sumit Bazar, Near To Akaram Menon's House P.S. Tikarapara, Distt. Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through- P.S. Civil Lines, District- Raipur (C.G.) ... Respondent For Applicant : Shri Pragalbha Sharma, Advocate. For Respondent/State : Ms. Anusha Naik, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/01/2026 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.280/2025 registered at Police Station Civil Lines, District Raipur (C.G.) for the offence punishable under Sections 281, 296, 115(2), 351(2), 126(2), 61, 62, 140 r/w 3(5) of BNS, 2023 (as per chargesheet). 2. Case of the prosecution, in brief, is that an FIR was lodged on 19.06.2025 by one Pallav Sahu, against two unknown riders of Activa GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.06 16:19:27 +0530 2 (Scooty) bearing registration No. CG-04-MD-7842, alleging that when he was returning home in his car at about 02:45PM near Burger King Shankar Nagar, two unknown riders approached to his vehicle and started shouting at him and made him stop his vehicle and started to assaulting him with hard and blunt object due to which he had sustained injuries over knees and hands. Hence the FIR. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in this case. He would submit that co-accused Abhishek Sahu has been granted anticipatory bail by this Court in MCRCA/1281/2025 vide order dated 22.08.2025. He would submit that the applicant has been implicated in the present case only on the basis of the memorandum statement of co-accused Amirul Kareem. Moreover, the injured is stated to have sustained injuries on account of an accident. He would submit that present incident is nothing but a road accident, which has been given different colour to implicate the applicant. He would submit that co-accused Adil Ahmad & Mohammad Shahdab @ Saddu have been granted bail by this Court vide MCRC/8113/2025 on 13.10.2025 and co-accused Aamirul Karim has already been enlarged on bail by this court vide order dated 19.09.2025 in MCRC/7075/2025. He would submit that the applicant has been acquitted in the case under section 302 IPC. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 29/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. Learned State counsel do not dispute the fact that co-accused Adil Ahmad & Mohammad Shahdab @ Saddu have been granted bail by 3 this Court vide MCRC/8113/2025 on 13.10.2025 and co-accused Aamirul Karim has been enlarged on bail by this court vide order dated 19.09.2025 in MCRC/7075/2025. 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, further the fact that co-accused Adil Ahmad & Mohammad Shahdab @ Saddu have been granted bail by this Court vide MCRC/8113/2025 on 13.10.2025 and co-accused Aamirul Karim has been enlarged on bail by this court vide order dated 19.09.2025 in MCRC/7075/2025, further the fact that applicant has been acquitted in the case under section 302 IPC, period of detention of the applicant since 29/06/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Shekh Sameer Ahmad, involved in Crime No.280/2025 registered at Police Station Civil Lines, District Raipur (C.G.) for the offence punishable under Sections 281, 296, 115(2), 351(2), 126(2), 61, 62, 140 r/w 3(5) of 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 4 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. 8. 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 gouri