1 2026:CGHC:9468 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1865 of 2026 Akash Lahre S/o Baldauram Aged About 18 Years R/o Village Katharimal, Tehsil Barpali, District Korba Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Urga, District Korba Chhattisgarh. ... Non-Applicant For Applicant : Mr. Vivek Mishra, Advocate. For Non-Applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. 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 bail to the applicant who has been arrested in connection with Crime No. 524/2025 registered at Police Station Urga, District Korba, (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 3(5) and 310(2) of Bharatiya Nyaya Sanhita, 2023. (for short ‘BNS’) 2. Case of the prosecution, in nutshell, is that on 22.11.2025 the complainant Atal Mirja lodged a written report stating that his RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 brother, Pritesh Mirja, was abused, threatened with death and assaulted by 5–6 unknown persons near Bharatmala/Akharapali Toll Plaza, due to which he sustained injuries and was admitted to the hospital. On the basis of the said report, an offence under Sections 296, 351(3), 115(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 was registered and taken up for investigation. During investigation, the injured stated that the accused persons wrongfully restrained him at about 6:00 PM, assaulted him, snatched Rs.2,000/- in cash and his VIVO V-50 mobile phone, and left him at the spot presuming him to be dead, whereupon Section 310(2) of the BNS was also added. On the basis of secret information, the accused persons were apprehended and, in their memorandum statements, they disclosed their involvement in the assault and robbery, including transfer and withdrawal of the looted amount and possession of the stolen mobile phone. Certain amounts of cash and a belt were seized during investigation. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the FIR was initially lodged against unknown persons and the present applicant has been arrested merely on the basis of suspicion without any cogent evidence connecting him to the alleged offence. It is further submitted that only a sum of Rs. 100/- was seized from the possession of the applicant pursuant to his memorandum statement, which by no stretch of imagination can be said to be the property of dacoity, particularly when, as per the 3 prosecution case itself, an amount of Rs. 2,000/- was transferred through mobile by the injured. It is also contended that the Test Identification Parade conducted by the Naib Tehsildar is vitiated due to non-compliance with mandatory procedural safeguards. Moreover, as per the MLC report, the injuries sustained by the victim are simple in nature. He also submits that the applicant, who is an 18-year-old boy, has no criminal antecedent, he is in jail since 26.11.2025, 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 appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the allegations against the applicant are serious in nature, as the applicant along with other co-accused persons wrongfully restrained the injured, assaulted him, robbed him of cash and mobile phone, and left him at the spot presuming him to be dead. It is further submitted that during investigation, the involvement of the applicant has surfaced in the memorandum statements of co-accused persons, and part of the looted amount as well as incriminating articles have been seized. Considering the gravity of the offence, the manner in which the crime was committed, and the prima facie material available on record, 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, the fact that though there are allegations that the applicant along with other co-accused persons wrongfully restrained the injured, assaulted him, robbed him of cash and mobile phone, but the injuries are not shown at this stage to be life-threatening in nature. Further the fact that the applicant has no previous criminal antecedents, the charge-sheet has been filed in the present case and he is in jail since 26.11.2025 and the trial is likely to take sometime for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the Applicant- Akash Lahre, involved in Crime No. 524/2025 registered at Police Station Urga, District Korba, (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 3(5) and 310(2) of Bharatiya Nyaya Sanhita, 2023, 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 5 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan