1 2026:CGHC:9536 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 860 of 2026 1 - Purushottam Shriwas S/o Manish Shriwas Aged About 19 Years R/o Village- Kodapara, Baramkela, Police Station And Tahsil Baramkela, District - Sarangarh Bilaigarh C.G. 2 - Alok Sahu S/o Vasudev Sahu Aged About 20 Years R/o Village - Pikripali, Police Station And Tahsil Baramkela, District - Sarangarh Bilaigarh C.G. ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Sarangarh District - Sarangarh Bilaigarh C.G. ... Respondent For Applicants : Shri Abhishek Saraf, Advocate. For Respondent/State : Ms. Palak Dwivedi, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/02/2026 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.25 10:52:53 +0530 2 bail to the applicants who have been arrested in connection with Crime No.563/2025 registered at Police Station Sarangarh, District Sarangarh Bilaigarh, Chhattisgarh for the offence punishable under Sections 309(6), 3(5) of the Bhartiya Nyay Sanhita. 2. Case of the prosecution, in brief, is that on 26-10-2025 complainant Ricky Bandhan lodged written complaint against unknown persons alleging that, on 25-10-2025 at about 07:00, when he was roaming outside after closing the shop, some unknown persons assaulted and looted cash of Rs. 3000/- and mobile phone, on the basis of such offence under section 309(6), 3(5) of the Bhartiya Nyay Sanhita and applicants are in jail since 19-12-2025 and charge sheet has been filed in the case. 3. Learned counsel for the applicants submits that the applicants are innocent person and they have been falsely implicated in the instant case. He would submit that so far as seizure is concerned from each of the applicant 1000/- cash allegedly looted property was seized from the applicant and except that nothing has been seized in the case. He would submit that the FIR was lodged against unknown persons thus applicants were falsely implicated in the case. He would submit that the charge sheet has been filed in this case, the applicants are in jail since 19/12/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. She would submit that applicant No.1 has one criminal antecedent and the applicant No.2 has no criminal 3 antecedents. 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, nature of allegation levelled against the applicants, period of detention of the applicants since 19/12/2025, charge sheet has been filed, applicant No.1 has one criminal antecedent and the applicant No.2 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 applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Purushottam Shriwas & Alok Sahu, involved in Crime No.563/2025 registered at Police Station Sarangarh, District Sarangarh Bilaigarh, Chhattisgarh for the offence punishable under Sections 309(6), 3(5) of the Bhartiya Nyay Sanhita, 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 4 Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails 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 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 them 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