1 2026:CGHC:2816 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 605 of 2026 Gaurav Sinha S/o Laxman Sinha Aged About 18 Years R/o Lakhe Nagar Chowk, Near Sai Kirana, Gautam Nagar, P.S.- Aazad Chowk, Tahsil And District- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through- S.H.O. P.S.- Aazad Chowk, Raipur, District- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Pushkar Sinha, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.01.2026 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. 295/2025 registered at Police Station Aazad Chowk, Raipur, District- Raipur, (C.G.) for the offence punishable under Sections 309(4), 309(6), 296, 351(2), and 115(2) of Bharatiya Nyaya Sanhita, 2023. (for short ‘BNS’) 2. Case of the prosecution, in brief, is that the complainant, Om Kataria, lodged a report alleging that on 03.10.2025 at about 09:30 RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 p.m., while he was proceeding from Lakhenagar towards Aamapara on his Activa vehicle, the applicant along with co-accused persons intercepted him near Sarthi Chowk, assaulted him with hands, fists, and a wooden stick, and forcibly looted artificial jewellery and cash amounting to Rs.13,000/-. On the basis of the said report, an FIR was registered for offences punishable under Sections 309(4), 296, 351(2) and 115(2) of the Bharatiya Nyaya Sanhita, and during the course of investigation, Section 309(6) was subsequently added. The applicant/accused was arrested on 05.10.2025 and is presently in judicial custody. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and that he has not committed any offence as alleged, nor has he played any active role in the commission of the crime. It is further submitted that on the date of the incident, the complainant had an altercation with the co-accused persons and it was the co-accused persons, who are juveniles, who allegedly assaulted the complainant, whereas the applicant merely attempted to pacify the situation, yet he has been deliberately roped in by the complainant in a false and fabricated case. He further submits that there is no material or substantive evidence on record connecting the applicant with the alleged offence and that the co-accused persons, who are juveniles, have already been enlarged on bail. He further submits that the injuries sustained by the injured are simple in nature and not grievous. It is also submitted that the applicant is about 18 years of age and has no criminal antecedent, he is in jail since 05.10.2025, 3 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 appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant is involved in a serious offence of robbery and assault, wherein the complainant was waylaid, brutally assaulted, and looted of cash and jewellery. It is further submitted that the FIR and statements recorded during investigation clearly support the prosecution case, that the offence is grave in nature, and that the applicant was arrested during investigation and is presently in judicial custody. He further submits that from the possession of the present applicant some ornaments have been recovered. Hence, the applicant is 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 applicant since 05.10.2025, the fact that the applicant along with co-accused persons, who are juveniles, looted of cash and jewellery and assaulted the injured, who has sustained injuries, which is non vital part of the body and as per the MLC report the injured has received 4 injuries which are simple in nature not in a grievous injuries, further the applicant has one criminal antecedent and charge-sheet has been filed in the present case, 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. Let the Applicant- Gaurav Sinha, involved in Crime No. 295/2025 registered at Police Station Aazad Chowk, Raipur, District- Raipur, (C.G.) for the offence punishable under Sections 309(4), 309(6), 296, 351(2), and 115(2) 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 sufÏcient 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, 5 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 sufÏcient 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. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan