1 2026:CGHC:5017 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 448 of 2026 • Kailash Yadav @ Krishna Yadav S/o Prabhakar Yadav Aged About 25 Years Resident Of Village Jhagarpur, Ps Bagicha District Jashpur (C.G.) ... Applicant versus • State of Chhattisgarh Through- The Station House Officer, Police Station Baghicha, District Jashpur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. V.K.Pandey, Advocate For Respondent/State : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.01.2026 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. 230/2025, registered at Police Station – Bagicha, District – Jashpur (C.G.) for the offence punishable under Sections 126(2), 140(3), 309(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that a written report was lodged by complainant Pradeep Nagesh alleging inter-alia that on 02.10.2025 when he was returning from the house of his Fufa(uncle) namely VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.30 17:43:10 +0530 2 Kaleshwar along with his friend namely Bhudhnu Nageshia and Chengtu riding a motorcyle and when he reached near village Jhagarpur, Titlipahri Jungle road, the present accused/applicant along with co- accused deaf and dumb person namely Pahalram stopped him in the way, assaulted him by hand and fist and have looted his mobile and motorcycle. 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 the allegation levelled against the present applicant is that he assaulted the injured by hand and fist and have looted his mobile and motorcycle, as a result he received simple injuries. It is further contended that there are five 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 04.10.2025 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 there are total seven criminal antecedents registered against the present applicant, out of which only five cases are mentioned at paragraph No. 4 (a) in the bail application and the charge-sheet has been filed in this case, it appears that applicant is a habitual offender, 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 3 fact that charge-sheet has been filed against the applicant, nature of injury received by the injured and the applicant is in jail since 04.10.2025 and conclusion of the trial is likely to take some time, considering his period of detention I am inclined to allow this application. 7. Let applicant, Kailash Yadav @ Krishna Yadav, involved in Crime No. 230/2025, registered at Police Station – Bagicha, District – Jashpur (C.G.) for the offence punishable under Sections 126(2), 140(3), 309(3) and 3(5) of the BNS, be released on bail on his furnishing a personal bond with two heavy 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. 4 (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. 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 vaishali