1 2026:CGHC:125 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10163 of 2025 Thaneshwar Sahu S/o Dhansai Sahu Aged About 31 Years R/o Gitti Khadan, Kushalpur, P.S. Puranibasti, District- Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Saraswati Nagar Raipur, District- Raipur (C.G.) ... Respondent For Applicant : Shri Rekhraj Baghel, Advocate. For Respondent/State : Shri Dharmesh Shrivastava, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/01/2026 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.246/2025 registered at Police Station Saraswati Nagar, Raipur, District Raipur (C.G.) for the offence punishable under Sections 115(2),191(2),191(3), 333, 304(2) of Bharatiya Nyay Sanhita. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.03 14:36:49 +0530 2 2. Case of the prosecution, in brief, is that complainant has made complaint to the concerned police station alleging that at the time of incident, the 50-60 unknown persons have entered into hostel premises and committed marpeet with the injured person by belt, talwar, knife, metal, danda and one person Samir Sori was also looted the mobile from him. Based upon such complaint, the police station has registered the offence under section 115(2), 191(2), 191(3), 333, 304(2) of Bharatiya Nyay Sanhita against the unknown persons and on the basis of memorandum statement, the police has arrested the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in this case. He would submit that only on the basis of memorandum statement of the accused persons, the applicant has been implicated in this case. He would submit that police has not seized any said article from the possession of the applicant nor he committed marpeet with the injured person. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 14/10/2025 and conclusion of trial will take some time, therefore, he 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 before the competent court. 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, period of detention 3 of the applicant since 14/10/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, 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- Thaneshwar Sahu, involved in Crime No.246/2025 registered at Police Station Saraswati Nagar, Raipur, District Raipur (C.G.) for the offence punishable under Sections 115(2),191(2),191(3), 333, 304(2) of Bharatiya Nyay Sanhita, 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 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, 4 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