1 2026:CGHC:11463 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2187 of 2026 Komal Sahu S/o Ravishankar Sahu, Aged About 19 Years, R/o Ward No. 5, Firnagipara, Kota, P.S. Kota, Distt. Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S. Kota, Distt. Bilaspur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Ishwar Jaiswal, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.03.2026 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. 1068/2025 registered at Police Station – Kota, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 74 and 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. As per the prosecution story, in brief, the complainant lodged a report at the concerned police station stating that on the date of the incident, when the victim was returning from C.V. Raman College, Kota to her house, the present applicant came there and tried to forcibly take her on his motorcycle by catching hold of her hand. Based upon such report, the concerned police station registered an offence punishable under Sections PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.03.11 12:36:27 +0530 2 296, 351(2), 74, and 3(5) of the B.N.S. against the applicant and other accused persons. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in the offence in question. He further submits that there was a simple dispute between the parties on account of previous enmity, however, the applicant has not committed any of the aforesaid offences as alleged by the prosecution. He also submits that the applicant has four previous criminal antecedents, the explanation of which has been given in paragraph No. 4(a) of the bail application. He further submits that a co-accused person, namely Nitesh Sahu, has been granted bail by this Court vide order dated 24.02.2026 passed in MCRC No. 660/2026. It is also submitted that the charge-sheet has already been filed, the applicant is in custody since 19.11.2025, and the trial is likely to take some time for its conclusion. Therefore, learned counsel prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed in the present case; however, she could not dispute the fact that the co-accused has been granted bail by this Court. She further submits that the applicant has four previous criminal antecedents, the explanation of which has been given in paragraph No. 4(a) of the bail application. Hence, the applicant is not entitled to be granted bail. 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, the nature and gravity of the offence, the period of detention of the applicant since 19.11.2025, and the fact that the co-accused person, namely 3 Nitesh Sahu, has been granted bail by this Court vide order dated 24.02.2026 passed in MCRC No. 660/2026, and further considering that the charge-sheet has already been filed, and the applicant has four previous criminal antecedents, the explanation of which has been given in paragraph No. 4(a) of the bail application, this Court is of the view that the applicant is entitled to be released on bail in the present case on the ground of parity. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the Applicant- Komal Sahu, involved in Crime No. 1068/2025 registered at Police Station – Kota, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 74 and 3(5) of Bharatiya Nyaya Sanhita (for short ‘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. 4 (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 send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Preeti