1 2026:CGHC:9486 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1899 of 2026 1 - Pintu @ Hirendra Sinha S/o Arvind Sinha Aged About 19 Years R/o Street No. 07, Bakhtawar Chal, Tulsipur, Distt- Rajnandgaon (C.G.) 2 - Bharat Bansod S/o Ishwar Bansod Aged About 20 Years R/o Street No. 01, Bakhtawar Chal, Tulsipur, Distt.- Rajnandgaon (C.G.) ... Applicants versus 1 - The State of Chhattisgarh Through Sho, Thana- Dongargarh, Distt.- Rajnandgaon (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Samir Singh, Advocate For Respondent/State : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.02.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.316/2025, registered at Police Station – Dongargarh, District – Rajnandgaon (C.G.) for the offence punishable under Sections 309(4), 61(2)(A) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and 25, 27 of Arms Act. 2. The case of the prosecution, is that Complainant namely Asgar ali VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.25 11:12:53 +0530 2 has lodge the report that, on 19.06.2025 at 8.30 PM co accused Nakeeb Khan has call him and told to meet at Depo area. After some time two men come on a black scooter with a towel tied around their mouth and asked what were are you doing and took out a knife, looted his gold ring and cash Rs. 8,000/-and also use his phone pe they transferred total of Rs. 1 lakh on his account. The report was lodged against them and on the basis of the Memorandum co accused police has been arrested the applicants for the alleged commission of offence. Hence, this bail application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have falsely been implicated in this case and there is one criminal antecedents registered against the applicant No.1 bearing crime No.894 of 2022 for offence under Sections 302, 212, 24 of IPC and 25, 27 of Arms Act, which is pending for it’s conclusion and applicant No.2 has also one criminal antecedent bearing crime No.429 of 2024 for offence under Sections 296, 115(2), 351(2), 3(5) of BNS, which is pending for it’s conclusion. It is further submitted that the charge-sheet has been filed in this case and there are total fifteen prosecution witnesses, out of which only four witnesses have been examined including the victim, who has not supported the case of the prosecution. The applicant is in jail since 22.06.2025 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 two criminal antecedents registered against the present applicants and the charge-sheet has been filed in this case and theft articles have been recovered from the 3 possession of the applicants, it appears that applicants were involved in crime in question, therefore, they are not entitled for grant of regular bail. 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 are total fifteen prosecution witnesses, out of which only four witnesses have been examined including the victim, who has not supported the case of the prosecution, the applicant is in jail since 22.06.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this bail application. 7. Let applicant No.1 Pintu @ Hirendra Sinha and applicant No.2 Bharat Bansod, involved in Crime No.316/2025, registered at Police Station – Dongargarh, District – Rajnandgaon (C.G.) for the offence punishable under Sections 309(4), 61(2)(A) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and 25, 27 of Arms Act, 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 4 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. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of four months from the date of passing of this order, if there is no legal impediment. 9. 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