1 2026:CGHC:2225 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 487 of 2026 Harshit Tandi S/o Nirmal Tandi Aged About 25 Years R/o Durga Nagar Pandri Raipur, District : Raipur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Devendranagar, District – Raipur, Chhattisgarh. ---- Non-applicant For Applicant : Mr. C.R. Sahu, Advocate. For Non-applicant/State : Mr. Vinod Kumar Tekam, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.01.2026 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. 214/2025, registered at Police Station – Devendranagar, District – Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 309 and 324(4) of the BNS. 2. The case of the prosecution, is that the complainant has lodged report to the consent police station 07.11.2025 at night about 12:10 AM, efter filling sand at Megha Ghat in highway no. CG-04-PJ-3024 they had gone to unload the sand at the under construction house that the Dr. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Yashwant Bajaj house situated near Raipur Prakash wholesale clothes shop Pandri. When three unknown boy where standing on a motor cycle hero honda delux parked in front of them when they where ask to move out of the way one of them three started abusing and filthy language and started damaging the vehicle and took out the key of the hiva and committed marpit with injured person by hand and fists. The accused looted Rs 42,000/- thousand cash and a mobile phone worth Rs 10,000/- and a hammer kept in the cabin of hiva. Based upon the such report the consent police station has registered offence. Hence, this application. 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. The applicant is in jail since 17.11.2025 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 the charge-sheet has been filed in this case, 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 no criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the 3 applicant is in jail since 17.11.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Harshit Tandi, involved in Crime No. 214/2025, registered at Police Station – Devendranagar, District – Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 309 and 324(4) 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 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 4 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