1 2026:CGHC:9535 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 262 of 2026 Kishan Sahu S/o Suklal Sahu Aged About 31 Years R/o Village Baghanpur, Kanakbira, Police Station Sarangarh, District Sarangarh Bilaigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Sarangarh, District Sarangarh Bilaigarh, Chhattisgarh ... Respondent For Applicant : Shri Abhishek Saraf, Advocate. For Respondent/State : Ms. Palak Dwivedi, PL. 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.563/2025 registered at Police Station Sarangarh, District Sarangarh Bilaigarh, Chhattisgarh for the offence punishable under Sections GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.25 10:52:54 +0530 2 309(6), 3(5) of the Bhartiya Nyay Sanhita. 2. Case of the prosecution, in brief, is that on 26-10-2025 complainant Ricky Bandhan lodged written complaint against unknown persons alleging that, on 25-10-2025 at about 07:00, when he was roaming outside after closing the shop, some unknown persons assaulted and looted cash of Rs. 3000/- and mobile phone, on the basis of such offence under section 309(6), 3(5) of the Bhartiya Nyay Sanhita and he is in jail since 19-12-2025 and charge sheet has been filed in the case. 3. Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in the instant case. He would submit that so far as seizure is concerned motorcycle of applicant Toy Gun and 1000/- cash allegedly looted property was seized from the applicant and except that nothing has been seized in the case. He would submit that the FIR was lodged against unknown persons thus applicant was falsely implicated in the case. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 19/12/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. 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, nature of allegation levelled against the applicant, period of detention 3 of the applicant since 19/12/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, therefore 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 and it is directed that the Applicant- Kishan Sahu, involved in Crime No.563/2025 registered at Police Station Sarangarh, District Sarangarh Bilaigarh, Chhattisgarh for the offence punishable under Sections 309(6), 3(5) of the Bhartiya Nyay Sanhita, 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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri