1 2026:CGHC:11457 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2210 of 2026 Gurudev Agariya S/o Shri Phoolesh Ram Agariya Aged About 27 Years R/o Village Chainpur, P.S. Lakhanpur, District- Sarguja (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Lakhanpur, District – Sarguja (C.G.) ---- Non-applicant For Applicant : Mr. Shyam Kumar, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.03.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 67/2025, registered at Police Station – Lakhanpur, District – Sarguja (C.G.) for the offence punishable under Sections 309(3), 309(4) and 3(5) of the BNS. 2. The case of the prosecution, is that complainant Premshankar on 21.03.2025 at around 21:04 PM lodged a written complaint at P.S. Lakhanpur, Sarguja (Ambikapur) against unknown persons stating that, on 21.03.2025 itself at around 12:45-1:00 when he was standing near market place along with his elder cousin brother looking for asbestos sheets, when two unknown person came in their motorcycle and told RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 him about cheap asbestos sheet along the street, on which the complainant got along on their bike and they went some distance, where they parked the motorcycle and the person who was driving asked for some money from the complainant for purchasing, on which complainant took out his bundle of Rs 500/- currency notes, seeing that the present applicant took the bundle from his hand and asked him to wait for some time, and after coming back, complainant along with the two accused persons rode back towards the Lakhanpur market, but in mid-way the accused person stopped their motorcycle and asked the complainant to watch out for their belonging, by the time they will bring the asbestos sheet, on which complainant agreed and waited for them, but the never came back, and thus after sometime on realising that he was cheated, he along with other relatives tried to search the accused persons, but after futile efforts they lodged the FIR against unknown persons and during investigation only on the basis of memorandum statement, present applicant was arrested. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case, and the co-accused persons have already been granted bail by this Court vide order dated 17.10.2025 passed in MCRC No. 8419/2025. The applicant is in jail since 19.04.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered 3 against the present applicant, the charge-sheet has been filed in this case, and the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, and the co-accused persons have already been granted bail by this Court vide order dated 17.10.2025 passed in MCRC No. 8419/2025, the applicant is in jail since 19.04.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Gurudev Agariya, involved in Crime No. 67/2025, registered at Police Station – Lakhanpur, District – Sarguja (C.G.) for the offence punishable under Sections 309(3), 309(4) and 3(5) of the 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 4 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar