1 2026:CGHC:9288 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1053 of 2026 Thalesh Kumar @ Monu @ Pinglu, Aged About 19 Years S/o Gokul Sonwani R/o- Village Bhatgaon Post Kalangpur Police Station Ranchirai District Balod, C.G. (Particular Of The Applicant Is As Per Charge-Sheet Which Is Not Properly Mentioned In The Cause Title Of The Impugned Order) ... Applicant versus State Of Chhattisgarh Through- S H O Police Station- Jamgaon (R) District- Durg, C.G. ... Respondent For Applicant : Shri Avinash Chand Sahu, Advocate. For Respondent/State : Ms. Palak Dwivedi, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/02/2026 1. Learned State counsel submits that notice has been served to the complainant. Despite of service of notice, none has appeared to oppose this bail application either in person or through counsel or through virtual mode from DLSA. Hence the court proceeds to hear the matter. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.24 11:19:24 +0530 2 2. 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.73/2025 registered at Police Station Jamgaon(R) District -Durg (C.G.) for the offence punishable under Section 137(2) of BNS 2023 as per FIR (corresponding section in IPC is 363). 3. Case of the prosecution, in brief, is that on 01.11.2025 the father of the victim lodged a missing report that on 30.10.2025 his daughter went to school and when his son informed that she is not present in school they tried to search her and upon watching some CCTV footage they found that the main accused Anneshwar and one another boy abducted the minor prosecutrix therefore her family members lodged a report and during investigation it is found that the applicant dropped the main accused and the victim to railway station Rajhara and thereafter the main accused and victim visited to various places thereafter she was recovered from possession of main accused and above offence was registered against him. 4. Learned counsel for the applicant submitted that as per 183 BNSS statement of the victim, main allegation is against co-accused Aneshwar. It is stated that so far as the applicant is concerned, only allegation against the applicant is that he facilitated in the crime. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 07/11/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case 3 before the competent court. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, as per 183 BNSS statement of the victim, main allegation is against co-accused Aneshwar and only allegation against the applicant is that he facilitated in the crime, period of detention of the applicant since 07/11/2025, charge sheet has been filed 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. 8. Accordingly, the bail application is allowed and it is directed that the Applicant- Thalesh Kumar @ Monu @ Pinglu, involved in Crime No.73/2025 registered at Police Station Jamgaon(R) District -Durg (C.G.) for the offence punishable under Section 137(2) of BNS 2023 as per FIR, 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 4 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. 9. 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