1 2026:CGHC:8839 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1756 of 2026 1 - Kamlesh Kumar Patel @ Sahara S/o Kalashram Patel Aged About 20 Years R/o Shankar Nagar, Dhangardipa, Raigarh, Tahsil And District- Raigarh(C.G.) 2 - Aman Yadav S/o Kanhaiya Yadav Aged About 23 Years R/o Kotra Road, Rajeev Nagar Gali No. 1, Raigarh, Tahsil And District- Raigarh (C.G.) ... Applicants versus State Of Chhattisgarh Through - Station House Officer, Police Station - City Kotwali, District- Raigarh (C.G.) ...Respondent For Applicants : Mr. Ashish Gupta, Advocate. For Non-applicant/State : Mr. Nitansh Jiaswal, Dy. Govt. Advocate. Hon'ble Shri 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 have been arrested in connection with Crime No. 456/2025 registered at Police Station – City Kotwali, District Raigarh VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.20 10:14:07 +0530 2 (C.G.), for the offences punishable under Sections 115(2), 127(2), 191(2), 191(3), 296, 324(4), 331(6) & 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that on 06.09.2025 the complainant Shatrughan Mahant lodged report at Police Station, City Kotwali, Raigarh, alleging therein that on 05.09.2025 in night, the accused persons came near the house of complainant, abused him and entered into their house from roof side and assaulted the complainant and Vicky Nagwanshi & Neelavati Mehar with the help of hand, fist and iron rod. On the basis of above report, the FIR No. 456/2025 has been registered against the accused persons including present applicants 3. Learned counsel for the applicants submits that they are innocent persons and have been falsely implicated in the present case, and they have not inflicted any injury upon the complainant or her neighbours. It is further submitted that the charge sheet has already been filed and the trial is likely to take considerable time to conclude; the alleged offences are not punishable with death or imprisonment for life, and on similar allegations, the co-accused, namely Jaiki Chauhan, has already been granted bail by this Hon’ble Court vide order dated 19.01.2026 passed in M.Cr.C. No. 670/2026. The applicants undertake that they shall appear before the trial Court during the course of trial and shall not misuse the liberty granted to them. It is also submitted that the applicants are in judicial custody since 09.11.2025; therefore, considering the overall facts and circumstances of the case, they deserve to be released on bail. 3 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case as the co-accused person, namely, Jaiki Chauhan, has already been granted regular bail by this Court vide order dated 19.01.2026 passed in MCRC No. 670 of 2026, moreover, the fact that the charge - sheet has already been submitted in the present case before the competent Court and he has been in jail since 09.11.2025, conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicants – Kamlesh Kumar Patel @ Sahara & Aman Yadav, involved in Crime No. 456/2025 registered at Police Station – City Kotwali, District Raigarh (C.G.), for the offences punishable under Sections 115(2), 127(2), 191(2), 191(3), 296, 324(4), 331(6) & 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without 4 sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav