1 2026:CGHC:712 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10145 of 2025 Mannulal @ Manish Maithil Kshatriya S/o Rameshwar Maithil Kshatriya Aged About 22 Years R/o Village Kopedih Thana - Somani Tahsil And District - Rajnandgaon, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station - Somani, District : Rajnandgaon, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Rajendra Patel, Advocate For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.221/2025, registered at Police Station- Somani, District : Rajnandgaon (C.G.) for the offence punishable under Sections 309(4), 3(5) of the BNS and Section 25 & 27 of the Arms Act. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. As per the prosecution story, in brief, on 24.09.2025, the complainant Ravi Kumar Verma lodged a report at Police Station Somani, stating therein that on 14.09.2025 at about 01:30 p.m., while he was near Marspota Dham, Village- Jhurdabari, four unknown persons intercepted him. When he stopped his motorcycle on the roadside, one motorcycle was parked in front of him and another behind him. All four persons alighted from their motorcycles and approached the complainant, out of whom two were armed with large knives. One of the accused placed a knife on the complainant’s neck and threatened to kill him if he did not hand over his belongings. Thereafter, the accused persons robbed him of his purse containing Rs. 1,700/-, Aadhaar card, driving licence and PAN card, two Vivo mobile phones, a silver chain worn around his neck, and the watch on his wrist. While fleeing from the spot, the complainant noticed the registration number of one of the motorcycles as CG-08-AF-5295. On the basis of the aforesaid report, Police Station Somani, District Rajnandgaon, registered Crime No. 221/2025 for the offences punishable under Sections 309(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 25 and 27 of the Arms Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and is innocent, having no role in the alleged incident and not being present at the place of occurrence. It is further submitted that the incident is alleged to have taken place on 14.09.2025, whereas the FIR was 3 lodged on 24.09.2025 after an unexplained delay of 10 days, which casts serious doubt on the prosecution story. The applicant has been arrested merely on suspicion, without any direct or indirect evidence against him, and solely on the basis of the memorandum statement of a co-accused, which has no independent evidentiary value in the absence of corroborative recovery. No incriminating article, weapon, or stolen property has been recovered from the possession or at the instance of the applicant. The investigation is complete, the charge-sheet has been filed and the applicant has been in custody since 26.09.2025, and the co-accused namely Ramcharan Sahu has already been enlarged on bail by this Court in MCRC No. 8424/2025 vide order dated 19.11.2025 and the case of the present applicant is identical to that of the co-accused, hence he prays for grant of bail to the applicant. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and also the submissions advanced by learned counsel for the applicant and submits that from the possession of the present applicant, one Vivo mobile phone has been seized furthermore, the applicant has one pervious criminal antecedent registered against him, whish is still pending. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Considering the facts and circumstances of the case, the nature of allegations, the delay in lodging the FIR and there being no direct material prima facie connecting the applicant with the alleged theft, coupled with the fact that he is a young boy and is in custody since 26.09.2025 and furthermore, co-accused namely Ramcharan Sahu has already been enlarged on bail by this Court in MCRC No. 8424/2025 vide order dated 19.11.2025 and the case of the present applicant is identical to that of the co-accused, and further that the charge-sheet has already been filed and conclusion of the trial is likely to take time, this Court is of the view that the applicant deserves to be enlarged on bail. 7. Let applicant, Mannulal @ Manish Maithil Kshatriya, involved in Crime No. 221/2025, registered at Police Station- Somani, District : Rajnandgaon (C.G.) for the offence punishable under Sections 309(4), 3(5) of the BNS and Section 25 & 27 of the Arms Act, 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 5 through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal