1 2026:CGHC:1427 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 181 of 2026 1 - Durgesh Patel @ Pintu S/o Meghnath Patel Aged About 27 Years Village- Karanja Bhilai Ward No.8, Chowki, Police Post- Jewra Sirsa Police Station - Pulgaon, District- Durg (C.G.) 2 - Goverdhan Patel S/o Ramji Patel Aged About 31 Years Village- Karanja Bhilai Bazar Chowk Chowki, Police Post- Jewra Sirsa, Police Station- Pulgaon, District- Durg (C.G.) 3 - Dikesh Sinha @ Dadu S/o Gokul Sinha Aged About 19 Years Village- Karanja, Bhilai Bazar Chowk, Chowki, Police Post- Jewra Sirsa, Police Station - Pulgaon, District- Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Chowki, Police Post- Jewra Sirsa, Police Station - Pulgaon, District- Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. Tarun Dansena, Advocate. For Respondent(s) : Mr. Vaishali Mahilang, Dy. G.A. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/01/2026 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 applicants who have been arrested in connection with Crime No. 529/2025 registered at Police Station Chowki, Police Post- Jewra Sirsa, Police Station - Pulgaon, District- Durg (C.G.) for the offence punishable under Sections 296, 309(6), 238 of BNS. 2. Case of the prosecution, in brief, is that complainant Rajat Kumar lodged a report at Jewra Chowki, Police Station Pulgaon, stating that on 25.10.2025, his father Harishankar Prasad informed him that on the same day at about 05:00 PM, he had gone to his field situated at Karanja, Bhilai, along with his servant Abhishek to supervise agricultural work. It is further alleged that at about 07:30 PM, two unknown boys arrived at the field on a motorcycle and asked the complainant’s father for his mobile phone on the pretext of making a call. Believing them, he handed over his mobile phone. When he later asked them to return the phone, the said boys allegedly abused him in filthy and obscene language, referring to his mother and sister, and thereafter assaulted him with a metal tiffin box. After committing the assault, the accused persons allegedly stole a pesticide spraying machine and a mobile phone from the field and fled from the spot. On the basis of 3 the said report, the police registered an offence under Sections 296, 309(6) and 238 of the Bharatiya Nyaya Sanhita (B.N.S.). After completion of the entire investigation, a charge-sheet was filed before the learned Judicial Magistrate First Class, Durg, District Durg (C.G.). Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that during the course of investigation, nothing incriminating was recovered from the present applicants except the alleged memorandum. No test identification parade was conducted and no identification of the present applicants has been made by the complainant or any other witness. The present applicants were neither involved in the alleged loot nor did they render any assistance to the accused persons either before or after the incident. He also submits that the prosecution story itself appears to be doubtful, as the complainant claims that the unknown persons who allegedly committed the offence disclosed their names to him, which is highly unnatural and improbable. In the absence of any independent or corroborative evidence connecting the present applicants with the alleged offence. The applicants are in jail since 16.11.2025, the applicants have no criminal antecedents, 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 applicants. 4 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicants allegedly along with co-accused persons, abused the complainant’s father in obscene language, assaulted him and committed theft of a mobile phone and a pesticide spraying machine from his field. Therefore, the applicants are not entitled for grant of bail. 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 and gravity of offence, period of detention of the applicants since 16.11.2025, the fact that though the applicants allegedly long with co-accused persons, abused the complainant’s father in obscene language, assaulted him and committed theft of a mobile phone and a pesticide spraying machine from his field, but considering the fact that the applicants have no criminal antecedents and charge-sheet has been filed, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicants-Durgesh Patel @ Pintu, Goverdhan Patel and Dikesh Sinha @ Dadu, involved in Crime No. 529/2025 registered at Police Station Chowki, Police Post- Jewra Sirsa, Police Station - Pulgaon, District- Durg (C.G.) for the offence 5 punishable under Sections 296, 309(6), 238 of BNS, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in 6 accordance with law. 9. 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 Akhil