1 2026:CGHC:6087 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9019 of 2025 Satish Kumar S/o Shri Bholanath Gupta Aged About 39 Years R/o Village Bijpur Punarvash-1 Ps Bijpur District Sonbhadra (U.P.) ... Applicant versus State Of Chhattisgarh Through Police Station Basantpur Distt. Balrampur- Ramanujganj (C.G.) ... Respondent For Applicant : Shri Vijay Shankar Mishra, Advocate. For Respondent/State : Shri Soumya Rai, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/02/2026 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.150/2025 registered at Police Station Basantpur Distt. Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 140(1), 115(1), 351(1), 58, 61, 127(7), 3(5) of BNS Act, 2023. 2. Case of the prosecution, in brief, is that on 08.08.2025, the complainant Brijesh Singh appeared at Basantpur Police Station and filed a written complaint application to the effect that, on 07.08.2025, at GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.04 14:39:19 +0530 2 around 10 AM, his brother Vijaylal Markam called him on his mobile number 7970043108 and said that there were three people with him. One person snatched Markam's mobile phone and told the complainant that he should arrange 3,00,000/- three lakh rupees, otherwise they would not release his brother, and then hung up the phone. Again on 08.08.2025 at around 9 AM, they called again and demanded 3,00,000/- rupees. The complainant's brother Vijaylal Markam has not returned home since 06.08.2025. Based on the report of the abduction of Vijaylal Markam and the demand for ransom by an unknown person, a case was registered against the unknown accused under Section 140 (1) of the BNS Act 2023 at Basantpur Police Station and taken up for investigation, During course of the investigation police has recovered the kidnapped Vijay markam from the possession of the Saddam Ansari & Vijay Lal Markam and recorded the memorandum statement of the co-accused as per the memorandum statement of the accused present applicant alleged to crime in question and registered the aforesaid offence against the applicant & co-accused. 3. Learned counsel for the applicant submitted that though allegation was levelled against the applicant & co-accused person for demanding a ransom for abduction of the victim who was found sitting on the road but no ransom money was paid. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 09/08/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case 3 before the competent court and the applicant has no criminal antecedents. He would further submit that the applicant and co- accused persons have been identified during the test identification parade but he could not dispute the fact that no ransom was paid for release of the victim. 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 though allegation was levelled against the applicant & co-accused person for demanding a ransom for abduction of the victim who was found sitting on the road but no ransom money was paid, period of detention of the applicant since 09/08/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Satish Kumar, involved in Crime No.150/2025 registered at Police Station Basantpur Distt. Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 140(1), 115(1), 351(1), 58, 61, 127(7), 3(5) of BNS Act, 2023, be released on bail on his furnishing a personal bond with two local 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 4 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 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