1 2026:CGHC:6088 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9555 of 2025 Rakesh Yadav Alias Billu Yadav S/o Anil Kumar Yadav, Aged About 23 Years R/o Gram- Premnagar, Police Output Wadrafnagar, P/S Basantpur, Distt. Balrampur Ramanujganj (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Basantpur Distt. Balrampur Ramanujganj (C.G.) ... Respondent For Applicant : Shri Awadh Tripathi, 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 District Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 58, 61(2), 127(7), 140(1), 3(5) of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.04 14:39:19 +0530 2 2. Case of the prosecution, in brief, is that on 08.08.2025 the complainant Brijesh Singh lodged a report stating that on 07.08.2025 his brother Vijaylal Markam informed him over phone that he was with three persons, whereafter an unknown person demanded a ransom of Rs.3,00,000/-, threatening not to release him. A second call demanding ransom was made on 08.08.2025. Accordingly, an offence under Section 140(1) of the Bharatiya Nyaya Sanhita, 2023 was registered against unknown persons. During investigation, the victim Vijaylal Markam was recovered on 08.08.2025 from Bijapur, Uttar Pradesh, on the basis of mobile location. In his statement, he alleged that he was called by the accused on 06.08.2025 on the pretext of inspecting wood, taken towards Uttar Pradesh, another person was pushed out of the vehicle en route, and he was kept with the accused, who demanded ransom of Rs.3,00,000/- from his brother using his mobile phone, alleging losses due to alleged informant activities and threatening to kill him. On the basis of the victim’s statement, offences under Sections 58, 61, 3(5), and 127(7) of the Bharatiya Nyaya Sanhita, 2023 were also added. 3. Learned counsel for the applicant submits that the allegation of abduction is not made out against the applicant and neither the victim nor the complainant has alleged that the applicant abducted the victim or demanded any ransom of Rs.3 lakh. He would submit that the material on record indicates that the victim was moving freely, frequently visiting several places with other persons, and remained in continuous contact with the complainant, his brother and the victim was easily traced by the police through his mobile location. The dispute, if any, arises out of a business disagreement relating to transportation of 3 wood between family members of the victim and other affected persons. There is no enmity between the applicant and the victim or his family. Thus, prima facie, no offence of abduction or kidnapping is made out against the applicant. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 06/11/2025 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 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 06/11/2025, 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. 7. Accordingly, the bail application is allowed and it is directed that the 4 Applicant- Rakesh Yadav Alias Billu Yadav, involved in Crime No.150/2025 registered at Police Station Basantpur District Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 58, 61(2), 127(7), 140(1), 3(5) of 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 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant 5 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