1 2026:CGHC:1163 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10496 of 2025 Manoj Sikarwar @ Falli S/o Kamal Singh Parihaar Aged About 25 Years R/o Village- Khiroda, Jila- Morena, Madhya Pradesh. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station- Basantpur, District Rajnandgaon, C.G. ... Respondent(s) For Applicant(s) : Mr. Yogendra Pandey, Advocate. For Respondent(s) : Mr. Priyank Rathi, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/01/2026 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 applicant who has been arrested in connection with Crime No. 0257/2025 registered at Police Station Basantpur, District Rajnandgaon(C.G.) for the offence punishable under Sections 109(2), 191(2), 191(3), 190, 296, 115(2), 351(2) of BNS, Section 25, 27 of the Arms Act and Section 21 of Mines and 2 Minerals Development Act. 2. Case of the prosecution, in brief, is that on 11.06.2025 at Village Mohad, illegal sand mining was being carried out from the river. On receiving this information, the complainant Jitendra Sahu along with other villagers reached the spot. They noticed a JCB machine and two cars approaching from the river side. When the villagers tried to stop them, the JCB driver did not stop. After the villagers forcibly stopped the JCB, the persons sitting in the cars threatened the villagers with death, abused them in filthy language, and assaulted them with fists, kicks, and sticks. During the incident, one of the accused fired from a pistol-like weapon, as a result of which Jitendra Sahu sustained a gunshot injury on his head, and other villagers also suffered injuries from sticks. On the written complaint of Jitendra Sahu, Crime No. 257/2025 was registered at Police Station Basantpur, District Rajnandgaon under the relevant provisions of the Bharatiya Nyaya Sanhita, 2023 and Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957. During investigation, it was revealed that the present applicant/accused Phalli @ Manu @ Manoj Sikarwar was actively present at the spot at the time of the incident. On the basis of his memorandum statement, the I-20 car used in the commission of the offence was seized from him. The prosecution alleges that the co-accused who fired from a country-made pistol was travelling in the same vehicle as the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not 3 committed any offence and he has been falsely implicated in offence in question. He further submits that identically situated co-accused, persons, namely, Abhinav Tiwari, Bhagvati Nishad, Sanjay Rajak, Atul Singh Tomar have already been granted bail by this Court vide orders dated 24.09.2025, 15.10.2025, 18.11.2025 and 24.11.2025 in MCRC Nos.7726 of 2025, 8235 of 2025, 9278 of 2025 and 9452 of 2025, respectively. The applicant is in jail since 15.07.2025, the applicant has six criminal antecedents, out of which, in one case applicant has already been acquitted and rest of the five cases are pending, further 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 applicant. 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. He further submits that the applicant was actively present at the spot during the incident of illegal sand mining and violent assault, and was travelling in the same car from which a co- accused fired a pistol, causing a gunshot injury to the complainant. The I-20 vehicle used in the offence was seized from the applicant on the basis of his memorandum statement, showing his involvement in facilitating and abetting the commission of the offence. He also submits that the applicant has six criminal antecedents of the years 2020, 2021, 2023 and 2024 under the IPC, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused 4 the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 15.07.2025, the fact that though the applicant was actively present at the spot during the incident of illegal sand mining and violent assault, and was travelling in the same car from which a co- accused fired a pistol, causing a gunshot injury to the complainant, but considering the fact that the identically situated co-accused, persons, namely, Abhinav Tiwari, Bhagvati Nishad, Sanjay Rajak, Atul Singh Tomar have already been granted bail by this Court vide orders dated 24.09.2025, 15.10.2025, 18.11.2025 and 24.11.2025 in MCRC Nos.7726 of 2025, 8235 of 2025, 9278 of 2025 and 9452 of 2025, respectively, further considering the criminal antecedents of the applicant and the fact that charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Manoj Sikarwar @ Falli, involved in Crime No. 0257/2025 registered at Police Station Basantpur, District Rajnandgaon(C.G.) for the offence punishable under Sections 109(2), 191(2), 191(3), 190, 296, 115(2), 351(2) of BNS, Section 25, 27 of the Arms Act and Section 21 of Mines and Minerals Development Act, be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 5 (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 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. 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