1 2026:CGHC:2231 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 469 of 2026 Roshan Wagre S/o Kishore Wagre, Aged About 19 Years R/o Near Shiv Mandir Kota, Mahant Talab, Police Station Saraswati Nagar, District Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Saraswati Nagar, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Ahmed Ayaan Mirza, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.01.2026 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. 246/2025 registered at Police Station Saraswati Nagar, District Raipur (C.G.), for the offences punishable under Sections 115(2), 191(2), 191(3), 333, 304(2), 324(2) of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 12.10.2025 at approximately 11:45 p.m., at Uma Das Mukherjee Premises Hospital situated near Science College, approximately 50–60 boys entered the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.01.16 12:14:01 +0530 2 hostel premises, switched off the main switch, launched a deadly attack, vandalized a vehicle, and assaulted the residents with rods, swords, knives, belts, and metal batons, resulting in serious injuries to the residents. The persons involved in the said incident were namely Yogeshwar, Rupnarayan, Govind, Tikendra, Yash, Doman, Mayank, Sameer, Dhananjay, Chandrakant, and Harsh Sahu. The injuries sustained by the residents during the assault were caused by the use of sharp and blunt objects, as per the medical reports. The medical reports included the injuries of Yogeshwar, Tikendra, Harsh, Rupnarayan, Mayank, and Ravish. During the incident, Sameer Sori’s mobile phone (number 9575679519) was stolen. During the investigation, suspects namely Dharmanshu Sonpipre, Gobin Yadav, Monesh @ Montu, Kesarkar, Prateek Yadav, Akash Gupta @ Babu, Thaneshwar Sahu, and Roshan Wagre, i.e., the present applicant, were interrogated, and their memorandum statements were recorded, in which they admitted to carrying out the aforementioned incident. On the basis of the written complaint made by Rupnarayan Sahu and others, an FIR dated 13.10.2025 was registered against unknown persons for the offences punishable under Sections 115(2), 191(2), 191(3), 333, and 304(2) of the B.N.S. under Crime No. 246/2025. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He submits that in reality, the applicant was not present at the place of the incident at the time it occurred. The applicant has been arrested solely on the basis of the memorandum statement of co-accused, namely Manish Tiwari, whereas, based on the memorandum statements of other co-accused persons in the concerned crime number, no other person has been made an accused. From the CCTV footage of the cameras installed 3 at the place of the incident, it can be clearly seen that the applicant was not present at the scene. He also submits that as per the statement recorded under Section 161 of the Cr.P.C. of the complainant, namely Rupnarayan Sahu, on the date of the incident, 50–60 persons entered Hostel No. 3 of Uma Das Mukherjee, forcefully entered, switched off the main switch, launched a deadly attack on the residents of the hostel, and hurled abuses. The FIR was lodged against unknown persons, and during the investigation, based solely on the memorandum statement of the co-accused, the present applicant was made an accused without any concrete evidence against him. He also submits that the present applicant has no criminal antecedents. He further submits that other co- accused person, namely, Monesh @ Montu Kesarkar, Dharmeshu Sonpipre and Thaneshwar Sahu have already been granted regular bail by this Court vide order dated 02.01.2026 in MCRC No. 9379 of 2025 and MCRC No. 10163 of 2026. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted in the present case. 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 as the co-accused person, namely, Monesh @ Montu Kesarkar, Dharmeshu Sonpipre and Thaneshwar Sahu have already been granted regular bail by this Court vide order dated 02.01.2026 in MCRC No. 9379 of 2025 and MCRC No. 10163 of 2026, further, the fact that the charge - sheet has already been submitted in the present case before the competent Court and he has been in jail since 17.10.2025, conclusion of the trial 4 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 on the ground of parity. 7. Let the Applicant – Roshan Wagre, involved in Crime No. 246/2025 registered at Police Station Saraswati Nagar, District Raipur (C.G.), for the offences punishable under Sections 115(2), 191(2), 191(3), 333, 304(2), 324(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing 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 sufÏcient 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 5 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 sufÏcient 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. OfÏce 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 Abhishek