1 2026:CGHC:1705 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 253 of 2026 Animesh Rathore S/o Shri Krishna Rathore Aged About 20 Years R/o H. No. 159/3, Podi Bahar, Kosabadi, Ward No. 21, Korba, District – Korba, C.G. ... Applicant versus State of Chhattisgarh Through Police Station Mujgahan, Raipur, District - Raipur C.G. ... Non-Applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 12.01.2026 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.269/2025, registered at Police Station – Mujgahan, District- Raipur (C.G.) for the offence punishable under Section 309 (4) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution, the facts of the case are that the story is based on a report lodged by Jayprakash Nishad, a salesman at Maa Shitala Fuels, Mujgahan. It is alleged that on 01.12.2025, four boys arrived at the petrol pump on an Activa scooter. While the applicant allegedly engaged the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.12 16:12:21 +0530 2 complainant in conversation regarding a failed digital payment for fuel, two other co-accused, namely Vinod and Kunal, entered the cabin, brandished a knife, and robbed cash and a mobile phone. The prosecution further alleges that the applicant was part of the group and facilitated the commission of the offence by waiting on the scooter. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant is a 20-year-old student pursuing B.A. First Year at Shri Rawatpura Sarkar University, Raipur. The examination schedule has been declared, with examinations commencing from 12.01.2026, and the admit card has been annexed with the bail application through a covering memo. It is also submitted that the applicant has no previous criminal antecedents. Learned counsel further submits that the charge-sheet has been filed in the case and that he is in jail since 06-07.12.2025. The trial is likely to take a considerable time for its conclusion. Therefore, it is prayed that the applicant be granted bail. 4. On the other hand, the learned State counsel opposed the bail application and submits that the charge-sheet has been filed before the competent Court and also endorse the fact that the applicant has no previous criminal antecedents. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and further the fact that the charge-sheet has been filed and there is no any criminal antecedents of the applicant, and also considering the fact that the applicant is a 20- year-old student pursuing B.A. First Year at Shri Rawatpura Sarkar University, Raipur, the examination schedule has been declared, with 3 examinations commencing from 12.01.2026, and the admit card has been annexed with the bail application through a covering memo and he is in jail since 06-07.12.2025, this Court is of the opinion that this case appears to be a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application is allowed. Let the applicant - Animesh Rathore, involved in Crime No.269/2025, registered at Police Station – Mujgahan, District- Raipur (C.G.) for the offence punishable under Section 309 (4) of Bharatiya Nyaya Sanhita, 2023, 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 opinion of the trial court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the 4 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. 9. C.C. today. Sd/- (Ramesh Sinha) Chief Justice Preeti