1 2026:CGHC:4957 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 996 of 2026 Digeshwar Yadu S/o Sitaram Yadu @ Chhanu Yadu Aged About 22 Years R/o Village Rohra P.S. Bhatapara (Gramin) District Baloda Bazar Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Navagarh, District Bemetara (C.G.) ... Non-Applicant For Applicant : Mr. Vijay Shankar Mishra, Advocate. For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.01.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 221/2025 registered at Police Station : Navagarh, District - Bemetara (C.G.) for the offence punishable under Sections 309(6), 126(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in brief, the complainant, namely Madan Manhar, lodged a complaint stating that on 26.08.2025 he sold paddy to one Rohit Adatiya but did not receive the sale proceeds immediately. On 01.09.2025, he went to Bhatapara to collect the said amount. After taking a loan of @1,00,000 for agricultural work from the said Adatiya, he was PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.30 10:00:18 +0530 2 returning alone to his village Cherkapur from Bhatapara on his motorcycle bearing registration No. CG-25-H-7674. Before reaching Sambalpur, three unknown persons on a motorcycle stopped him and asked for directions to Sambalpur. After he guided them, he proceeded towards his village. At about 3:30 p.m., when he reached the main road beyond Beltukri Mod, the same three persons intercepted his motorcycle. One of them threatened him with a knife, while another assaulted him with a belt and demanded the money he was carrying. On the basis of the said complaint, Crime No. 221/2025 was registered for offences under Sections 309(6), 126(2), and 3(5) of the Bharatiya Nyaya Sanhita at Police Station Navagarh, and the investigation was initiated. The present applicant has been implicated on the basis of the memorandum of a co-accused. Hence, the present bail application. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He further submits that co-accused person, namely, Komal Yadu has been granted bail by this Court vide order dated 15.01.2026 passed in MCRC No. 10262/2025. Further, the charge-sheet has been filed and the applicant has no previous criminal antecedents and he is in jail since 06.09.2025. As the conclusion of the trial may take considerable time, he therefore prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court but could not dispute the fact that the co-accused person has been granted bail by this Court. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the overall facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that co-accused person, namely, Komal Yadu has been granted bail by this Court vide order dated 15.01.2026 passed in MCRC No. 10262/2025. Further, the charge-sheet has been filed and the applicant has no previous criminal antecedents and he is in jail since 06.09.2025, and that the conclusion of the trial is likely to take some more time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case on the ground of parity. 7. Let Applicant - Digeshwar Yadu, involved in Crime No. 221/2025 registered at Police Station : Navagarh, District - Bemetara (C.G.) for the offence punishable under Sections 309(6), 126(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 4 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Preeti