1 2026:CGHC:10256 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1934 of 2026 Shiva Sarthi S/o Manoj Sarthi Aged About 28 Years R/o Jute Mill, Matan Market, Raigarh, Tahsil and Distt. Raigarh, Chhattisgarh ... Applicant versus State of Chhattisgarh Through P.S. Jutemill, Raigarh, Distt. Raigarh Chhattisgarh ... Non-applicant For Applicant : Mr. Amit Sharma, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Deputy Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 27.02.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.285/2025, registered at Police Station – Jutemill, Raigarh, District- Raigarh (C.G.) for the offence punishable under Section 310(2) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution case, on 15.08.2025, the applicant, along with other co-accused persons, robbed the complainant near Sarangarh Bus Stand during the night. On the basis of the said incident, the police registered an offence under Section 310(2) of the BNS against the 2 applicant and the other co-accused. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant has been arrested only on the basis of memorandum, no T.I.P has been conducted by the prosecution and only Rs.200/- has been recovered from the applicant. Further, the charge-sheet has been filed and the applicant has one previous criminal antecedent under the Excise Act. The applicant is in jail since 20.08.2025. As the trial is likely to take a considerable time for its conclusion, learned counsel prays for grant of bail. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. He further submitted that the applicant has one previous criminal antecedent under the Excise Act. Therefore, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has one previous criminal antecedent, further the charge-sheet has been filed and he is in jail since 20.08.2025 and conclusion of the trial is likely to take some time, this Court is of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant - Shiva Sarthi, involved in Crime No.285/2025, registered at Police Station – Jutemill, Raigarh, District- Raigarh (C.G.) for the offence 3 punishable under Section 310(2) of Bharatiya Nyaya Sanhita, 2023, 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, 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti