1 2026:CGHC:8821 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1764 of 2026 Durgesh Singh S/o Vinay Singh Thakur Aged About 29 Years Resident Of Virendra Nagar, Saraipali District- Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House Office, Police Of Police Station Saraipali, District- Mahasamund (C.G.) ... Respondent For Applicant : Mr. Jitendra Shukla, Advocate. For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.02.2026 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.309/2025 registered at Police Station – Saraipali, District- Mahasamund (C.G.) for the offences punishable under Sections 115(2), 351(2), 309(6), 310(2), 335 read with Section 3(5) of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.20 10:14:08 +0530 2 2. The prosecution story, in brief, is that on 03.11.2025 at about 11:00 p.m., the complainant lodged a written report at Police Station Saraipali, District Mahasamund, alleging that he, along with his driver Hemsagar Pradhan, was travelling in a vehicle bearing registration No. CG-04-HA-2047 and had stopped near Sandhya Dhaba at village Harratar to purchase gutka and drinking water. At that time, the accused persons, namely Hitesh Padhi, Bhupendra Bhoi @ Sonu, Keshar Mirja and Monu Rajput, and Durgesh Chouhan, who were already present there, allegedly intercepted them. It is alleged that when driver Hemsagar Pradhan returned to the vehicle, Keshar Mirja slapped him and Bhupendra Bhoi pushed him, after which Hitesh Padhi forcibly took control of the vehicle and made Hemsagar sit at the back. The accused then drove the vehicle towards Ghanteshwari Temple and further in the direction of Chhuipali Toll Plaza, during which all of them allegedly assaulted Hemsagar Pradhan with hands and fists, threatened him, and demanded money. It is further alleged that they forcibly took his mobile phone (Samsung Galaxy A14 with SIM numbers 9340299056 and 9770799990) and cash amounting to ₹8,500/- from his pocket and thereafter fled from the spot. On the basis of this complaint, the police registered a case and initiated investigation for offences punishable under Sections 115(2), 351(2), 309(6), and 3(5) of the Bharatiya Nyaya Sanhita, 2023 against the accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, in the present case and has neither committed nor participated in any act constituting the alleged offences. It is further submitted that the evidence collected by the prosecution does not prima facie disclose any material sufficient 3 to hold the applicant guilty. The complainant had appeared before the learned court below and raised no objection to the grant of anticipatory bail to the applicant, which is reflected in the order sheet dated 10.12.2025, and a copy of the said no-objection has been filed as Annexure A-3; however, the same was not duly considered. It is also submitted that one of the co-accused has already been granted bail by this Hon’ble Court vide order dated 28.01.2026, a copy of which is filed as Annexure A-4. The applicant is in judicial custody since 02.02.2026 and the charge sheet has already been filed; therefore, considering his prolonged detention and the overall facts and circumstances of the case, the applicant deserves to be released on regular bail. 4. On the other hand, learned counsel for the State, opposes the bail application of the applicant. 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, the nature and gravity of the allegations levelled against the present applicant, and the fact that the co-accused, namely Mirja Keshar Beg has already been granted bail vide order dated 28.01.2026 passed in MCRC No. 9786 of 2025, and further considering that the charge-sheet has already been filed before the competent Court, that the applicant have been in judicial custody since 02.02.2026, and that the conclusion of the trial is likely to take considerable time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Durgesh Singh, involved in Crime No.309/2025 registered at Police Station – Saraipali, District- Mahasamund (C.G.) 4 for the offences punishable under Sections 115(2), 351(2), 309(6), 310(2), 335 read with Section 3(5) of the BNS 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav