1 2026:CGHC:6007 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1104 of 2026 Chahat Sen S/o Shri Lekhram Sen Aged About 23 Years R/o Dharamnagar Pachpedi Naka, Police Station Tikrapara, Raipur, District : Raipur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through- The Station House Officer, Police Station- New Rajendra Nagar, Raipur, District : Raipur, Chhattisgarh ... Non-applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer, Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.02.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 218/2025, registered at Police Station – New Rajendra Nagar, Raipur District - Raipur (C.G.) for the offence punishable under Sections VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.03 17:40:33 +0530 2 304(2) & 3(5) of the BNS. 2. According to the prosecution story, the complainant Rupesh Sahu lodged a report at Police Station New Rajendra Nagar, Raipur, stating that on 09.09.2025, he had gone to Lalpur for discharging his official marketing duties on his motorcycle bearing registration No. CG-04- LH-8624. While returning from Lalpur via Canal Road at about 05:00 PM, when he reached Lalpur Bridge near Dhanvantari Medical, two unknown persons approached him and forcibly snatched his mobile phone, namely Appointment Mobile, Model A3 Pro, bearing IMEI Nos. 861209076850895 and 861209076850887, with SIM No. 9098764215, valued at approximately Rs. 10,000/-, and thereafter fled away from the spot. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. It is submitted on behalf of the applicant that he has been falsely implicated in the aforesaid case and has not committed any offence as alleged. As per the material collected by the prosecution, no offence is made out against the present applicant and there is nothing on record to show that the applicant was involved in the commission of loot. The seizure memo prepared by the prosecution is false and unreliable, and no prima facie case is made out against the applicant. The challan has already been filed in the present case and the matter is triable by the learned Judicial Magistrate First Class. The applicant has been languishing in jail since 14.09.2025 and, considering the delay in conclusion of the trial, the applicant is entitled to be released on bail 3 4. On the other hand, learned State Counsel opposed the bail application of the present applicant and submitted that the applicant has four criminal antecedents. He further submitted that the charge-sheet has already been filed in the present case and, in view of the criminal history of the applicant, he is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence levelled against the present applicant, moreover, the charge-sheet has been filed before the competent Court and he is in jail since 14.09.2025 and conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Let applicant, Chahat Sen, involved in Crime No. 218/2025, registered at Police Station – New Rajendra Nagar, Raipur District - Raipur (C.G.) for the offence punishable under Sections 304(2) & 3(5) of the BNS., be released on bail on furnishing a personal bond with two heavy sureties, one of whom shall be a member of the applicant’s family 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 4 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 her, 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 her in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavor to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, 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 vaibhav