1 2026:CGHC:1200 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 98 of 2026 1 - Ritesh Mongare @ Thuthwa S/o Suresh Mongare Aged About 23 Years R/o V.T.C. Colony Charcha Colliery, Police Station Charcha, Tahsil Baikunthpur, District Koriya (C.G.) 2 - Vikas Mongare @ Chappu S/o Suresh Mongare Aged About 23 Years (Wrongly Written As Saresh), R/o V.T.C. Colony Charcha Colliery, Police Station Charcha, Tahsil Baikunthpur, District Koriya (C.G.) ... Applicants versus State of Chhattisgarh Through The Station House O2cer, Police of Police Station Charcha, District Koriya (C.G.) ... Non-Applicant For Applicants : Mr. Anil Kumar Gulati, Advocate For Non-Applicant/State : Mr. Bharat Gulabani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 221/2025, registered at Police Station – Charcha, District Koriya, (C.G.) for the o=ence punishable under Sections 309(6), 296, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The facts of the case, in brief, are that the complainant lodged an FIR at Police Station Charcha alleging, inter alia, that on 31.10.2025, after closing his shop, he was returning home, accompanied by Surendra, who was working in his shop. When they reached near VTC Colony, Chirhapara, the applicant No.1, along with two other persons, allegedly came there, assaulted the complainant, looted a sum of Rs.4,000/- and one mobile phone from his possession, and @ed from the spot, causing injuries to the complainant. On the basis of the FIR lodged by the complainant, the police arrested the applicants for the commission of the alleged o=ences. Hence, the present bail application has been Bled. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and have been falsely implicated in the present case. It is contended that the applicants did not act in the manner alleged by the prosecution. He further submits that the applicants and the complainant reside in the same locality, and due to an old rivalry, the applicants have been falsely implicated for the commission of the alleged o=ences. It is also submitted that the injury sustained by the complainant/injured is simple in nature and does not indicate any grievous harm. He also submits that the charge-sheet has been Bled before the competent Court, the present applicants have no prior criminal antecedents, and they are in jail since 31.10.2025, the conclusion of the trial is likely to take a considerable amount of time. Therefore, he prays for the grant of regular bail to the applicants. 3 4. On the other hand, the learned State Counsel opposes the present bail application and submits that the applicants are directly involved in the alleged robbery and assault, during which the complainant sustained injuries and cash and a mobile phone were forcibly taken from him. It is further submitted that the o=ence is serious in nature, and su2cient material has been collected during investigation connecting the applicants with the crime, therefore, the applicants are not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case that though the applicants are directly involved in the alleged robbery and assault, during which the complainant sustained injuries and cash and a mobile phone were forcibly taken from him and the cash and mobile have been recovered at the instance of the applicants, but the applicants have no previous criminal antecedents, the charge-sheet has been submitted before the competent Court and the applicants are languishing in jail since 31.10.2025, and as the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicants are entitled to be released on regular bail in the present case. 7. Accordingly, the bail application is allowed. 4 8. Let the applicants - Ritesh Mongare @ Thuthwa and Vikas Mongare @ Chappu, involved in Crime No. 221/2025, registered at Police Station – Charcha, District Koriya, (C.G.) for the o=ence punishable under Sections 309(6), 296, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties each in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall Ble an undertaking to the e=ect that they shall not seek any adjournment on the dates Bxed 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 Bxed, either personally or through their counsel. In case of their absence, without su2cient 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 Bxed in such proclamation, then, the trial 5 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 Bxed 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 su2cient 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. 9. O2ce is directed to provide a certiBed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan