1 2026:CGHC:6575 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1284 of 2026 Aryan Nag S/o Vargis Nag Aged About 21 Years R/o Gandhi Nagar, Near Hanuman Mandir, Police Station- Civil Line, District Raipur C.G. ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station- Pandari, District Raipur C.G. ... Respondent(s) For Applicant(s) : Mr. Mayank Chandrakar, Advocate. For Respondent(s) : Mr. Saurabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/02/2026 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 bail to the applicant who has been arrested in connection with Crime No. 289/2025 registered at Police Station 2 Pandari, District Raipur (C.G.) for the offence punishable under Sections 309(4), 3(5) of BNS. 2. Case of the prosecution, in brief, is that on 25.10.2025 at about 3:00 a.m., the complainant Mahesh Lodha had parked his truck bearing registration No. NL-01-Q-1006 near Mova Bridge, below the Honda showroom, for unloading motorcycles and scooters brought from Bilaspur, Gujarat. While the complainant was sleeping inside the cabin, at about 4:00 a.m., two unknown persons forcibly opened the cabin door and entered inside. One of them threatened the complainant by placing a sharp knife on his neck, while the other searched the cabin to commit robbery. Out of fear, the complainant escaped by opening the cabin window and fled from the spot. Thereafter, it was found that a blue bag kept inside the truck cabin containing clothes, Aadhaar card, PAN card, cash of Rs.9,000/- and an Oppo mobile phone with Jio SIM No. 7400944857 was missing. One person was seen sitting on a scooter near the truck, and all the accused fled together with the looted articles. On the basis of the report, Crime No. 289/2025 was registered at Police Outpost Pandri under Sections 309(4) and 3(5) of the Bharatiya Nyaya Sanhita. During investigation, CCTV footage revealed the involvement of accused Yogendra Chauhan @ Yogi, Aryan Nag (present applicant) and another accomplice. On their apprehension, stolen articles including the mobile phone, blue bag, scooter and a sharp steel knife were recovered, and after completion of investigation, charge-sheet 3 was filed against the accused persons for the aforesaid offences. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the co-accused, Sumendra Sahu from whose possession seizure of knife has been made has already been granted bail by this Court vide order dated 14.01.2026 in MCRC No.466/2026. The applicant is in jail since 27.10.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the allegation against the applicant is that he along with co-accused, participated in the robbery by forcibly opening the truck cabin, threatening the complainant at knife-point, and looting a blue bag containing cash, documents, and a mobile phone. Furthermore, there is seizure of knife has been made from the co-accused, Sumendra Sahu, which strengthens the allegation against the applicant. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 4 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 27.10.2025, the fact that though the allegation against the applicant is that he along with co-accused, participated in the robbery by forcibly opening the truck cabin, threatening the complainant at knife-point, and looting a blue bag containing cash, documents, and a mobile phone, but considering the fact that the co-accused, Sumendra Sahu from whose possession seizure of knife has been made has already been granted bail by this Court vide order dated 14.01.2026 in MCRC No.466/2026 and the fact that the applicant has no criminal antecedent, further the charge- sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Aryan Nag, involved in Crime No. 289/2025 registered at Police Station Pandari, District Raipur (C.G.) for the offence punishable under Sections 309(4), 3(5) of 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 5 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. (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. 9. 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 Akhil