1 2026:CGHC:5810 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1067 of 2026 Sujal Vibhar @ Sonu S/o Shri Ashok Vibhar Aged About 20 Years R/o Pandari, Durga Nagar, Cloth Market, Police Station Devendra Nagar, Raipur, District Raipur, Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Devendra Nagar, District Raipur, Chhattisgarh. ... Respondent For Applicant : Ms. Dhaneshwari Patel, Advocate. For Respondent/State : Shri Shailendra Sharma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/02/2026 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.0214/2025 registered at Police Station Devendra Nagar, Raipur Distt. Raipur (C.G.) for the offence punishable under Sections 296, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.03 11:12:05 +0530 2 115(2), 351(2), 309, 324(4) of the Bharatiya Nagarik Sanhita, 2023. 2. Case of the prosecution, in brief, is that the complainant has lodged the report to the concerned Police Station stating therein that on 07.11.2025 at night about 12.10 am, after filling sand at Megha Ghat in Hiwa No. (C.G.).-04-PJ-3024, had gone to unload the same under construction house of Dr. Yashwant Bajaj, situated near Raipur Prakash wholesale clothes shop Pandri. When three unknown boys standing on a motor cycle hero Honda deluxe parked in front of them, they started abusing by using filthy language and started damaging the vehicle and took out the key of the Hiwa and committed marpit with injured person by hand and fists. The accused had looted Rs. 42000/- and a mobile phone worth Rs. 10,000/- and a hammer kept in the cabin of Hiwa. Based on the report, the First Information Report under Crime No. 0214/225 was registered on 09.11.2025. The report of the incident made by the complainant on 09.11.2025 vide First Information Report No. 0214/2025 for the offence punishable Under Section 296, 115(2), 351(2), 309, 324(4) of the Bharatiya Nagarik Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. She would submit that the co-accused namely Harshit Tandi has been granted bail by this Court in MCRC No.487/2026 on 14/01/2026. She would submit that the charge sheet has been filed in this case, the applicant is in jail since 13/11/2025 and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case 3 before the competent court and the applicant has no criminal antecedents. 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 of allegation levelled against the applicant, further the fact that co-accused namely Harshit Tandi has been granted bail by this Court in MCRC No.487/2026 on 14/01/2026, period of detention of the applicant since 13/11/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, therefore 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 and it is directed that the Applicant- Sujal Vibhar @ Sonu, involved in Crime No.0214/2025 registered at Police Station Devendra Nagar, Raipur Distt. Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 309, 324(4) of the Bharatiya Nagarik 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 4 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. 8. 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 gouri