1 2026:CGHC:124 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9379 of 2025 1 - Monesh @ Montu Kesarkar, Aged About 28 Years S/o Shivhari Kesarkar R/o Nayapara, Phool Chowk, P.S. Golbazar, Distt. Raipur, Chhattisgarh. 2 - Dharmeshu Sonpipre, Aged About 24 Years S/o Vinod Sonpipre R/o Nayapara, Phool Chowk, P.S. Golbazar, Distt. Raipur, Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through Station House Officer, P.S. Saraswati Nagar, Distt. Raipur, Chhattisgarh. ... Respondent For Applicants : Shri Sachin Nidhi, Advocate. For Respondent/State : Shri Dharmesh Shrivastava, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/01/2026 1. Heard on I.A. No.02/2025 application for grant of temporary bail for applicant No.1. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.03 14:36:48 +0530 2 2. Learned counsel for the applicants seeks permission of the Court to withdraw I.A. No.02/2025 application for grant of temporary bail for applicant No.1. 3. Prayer is allowed. 4. Accordingly, I.A. No.02/2025 application for grant of temporary bail for applicant No.1 is dismissed as withdrawn. 5. 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 applicants who have been arrested in connection with Crime No.246/2025 registered at Police Station Saraswati Nagar, Distt. Raipur (C.G.) for the offence punishable under Sections 115(2),191(2),191(3), 333, 304(2) of Bharatiya Nyaya Sanhita, 2023 (Corresponding sections 323, 147, 148, 452, 379 of IPC). 6. Case of the prosecution, in brief, is that on 12.10.2025 at 11:45 p.m. approximately 50-60 boys entered into Umadas Mukherjee Hostel situated at Science College Campus turned off the main electricity switch and started assaulting the hostelers and destroyed the vehicles with rods, knifes, belts, metal rod. On the basis of aforesaid story, offence under section 115(2), 191(2), 191(3), 333, 304(2) of Bharatiya Nyaya Sanhita, 2023 has been registered by the police station Saraswati Nagar, District- Raipur (C.G.) in crime по 246/2025 on 14.10.2025. 3 7. Learned counsel for the applicants submits that the applicants are innocent persons and they have been falsely implicated in the aforesaid case. He would submit that the present applicants are young aged persons who are preparing for the government examination. He would submit that the applicants were not present at the place of incident and the applicants went to the place of incident, only when the friend of applicants make a call to the applicants to come to the place of incident to resolve the dispute, then only the present applicants went to the place of incident. He would submit that the identification process has not been conducted by the investigating officer in the presence of the complainant. He would submit that the charge sheet has been filed in this case, the applicants are in jail since 14/10/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 8. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. 9. I have heard learned counsel appearing for the parties and perused the case diary. 10. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicants, period of detention of the applicants since 14/10/2025, charge sheet has been filed and also considering the fact that trial is likely to take 4 some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in this case. 11. Accordingly, the bail application is allowed and it is directed that the Applicants- Monesh @ Montu Kesarkar & Dharmeshu Sonpipre, involved in Crime No.246/2025 registered at Police Station Saraswati Nagar, Distt. Raipur (C.G.) for the offence punishable under Sections 115(2),191(2),191(3), 333, 304(2) of Bharatiya Nyaya Sanhita, 2023, be released on bail on each of them furnishing a personal bond with two sureties 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 misuses the liberty of bail during trial and in order to secure their presence, proclamation 5 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, 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. 12. 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