1 2026:CGHC:348 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9549 of 2025 1 - Govind Shah Walko S/o Late Shri Gulab Shah Walko Aged About 55 Years, R/o Village - Sarkheda, Police Station - Anudhi, District - Mohla- Manpur-Ambagarh Chowki (C.G.) 2 - Shyamsingh Tulavi S/o Shri Sukluram Tulavi Aged About 55 Years R/o Vilage - Kaneli, Police Station - Madanwada, District - Mohla-Manpur- Ambagarh Chowki (C.G.) 3 - Dinesh Usendi S/o Shri Bhursa Ram Usendi Aged About 45 Years R/o Village - Kaneli, Police Station - Madanwada, District - Mohla-Manpur- Ambagarh Chowki (C.G.) ... Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Station - Madanwada, District – Mohla-Manpur-Ambagarh Chowki (C.G.) ---- Non-applicant For Applicants : Mr. Sandeep Singh, Advocate. For Non-applicant/State : Mr. Priyank Rathi, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.01.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 01/2025, registered at Police Station – Madanwada, District – Mohla- RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Manpur-Ambagarh Chowki (C.G.) for the offence punishable under Sections 296, 351(2), 308(5), 318(4), 117(2) and 3(5) of the BNS. 2. The case of the prosecution, is that the complainant Mayaram Rawte file a written complaint before the Police of Police station- Madanwada with the averment that applicants purchased Tendupatta from villagers in 2022 and did not return the villagers' money. When the villagers demanded their money, the accused assaulted them. The applicants allegedly extorted approximately Rs. 8,90,475/- from Tendupatta collectors and Rs. 1,000 each from tractor and pickup owners, threatening to complainant and the witnesses killed along with their families by Naxalites. On the basis of written complaint FIR was registered against the applicants. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there is one criminal antecedent registered against the present applicants. It is further submitted that the charge-sheet has been filed in this case, and the co-accused has been granted bail by this Court vide order dated 04.11.2025 passed in MCRC No.8735/2025. The applicants are in jail since 09.09.2025, 12.09.2025 and 17.09.2025 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 one criminal antecedent registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that applicants purchased Tendupatta from villagers in 2022 and did not return the villagers' 3 money. When the villagers demanded their money, the accused assaulted them. The applicants allegedly extorted approximately Rs. 8,90,475/- from Tendupatta collectors and Rs. 1,000 each from tractor and pickup owners, threatening to complainant and the witnesses killed along with their families by Naxalites, therefore, he 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 one criminal antecedent registered against the present applicants, charge-sheet has been filed against the applicants and the co-accused has been granted bail by this Court vide order dated 04.11.2025 passed in MCRC No.8735/2025, the applicant are in jail since 09.09.2025, 12.09.2025 and 17.09.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. 7. Let applicants, Govind Shah Walko, Shyamsingh Tulavi, and Dinesh Usendi, involved in Crime No. 01/2025, registered at Police Station – Madanwada, District – Mohla-Manpur-Ambagarh Chowki (C.G.) for the offence punishable under Sections 296, 351(2), 308(5), 318(4), 117(2) 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 4 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. (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