1 2026:CGHC:14131 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1872 of 2026 Mohit Sonkar @ Anmol Hansh S/o Rajesh Hansh Aged About 22 Years R/o In-Front Of Ice Factory, Near Sitaram Mandir, Dayalband, Police Station- Torwa, Distt.- Bilaspur C.G. ---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station- Torwa, Distt.- Bilaspur C.G ... Non-applicant MCRC No. 2073 of 2026 Anurag @ Bachcha Sonkar S/o Rakesh Hans Aged About 22 Years R/o Ward No. 13, Chandrashekhar Azad Nagar, Devrikhurd , Police Station Torwa, District- Bilaspur (C.G.) ---Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Torwa, District- Bilaspur (C.G.) ---Non-applicant For respective Applicants : Ms. M. Asha, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.03.2026 2 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 266/2025, registered at Police Station : Torwa, District- Bilaspur (C.G.) for the offence punishable under Section 309(6) of the BNS. 2. The prosecution case, in brief, is that, the complainant while returning was intercepted by certain unknown persons who had covered their faces with towels, and upon crossing them, they followed him and stopped him by overtaking him on a Bullet motorcycle near the house of Sunil Ghore at Dheka. It is alleged that the said persons assaulted the complainant with rods, sticks and fists, causing injuries on his legs, hands and head. After the assault, the accused persons fled from the spot and allegedly robbed an amount of Rs. 10,000–12,000 from the complainant, and his mobile phone (V-25) was also damaged during the incident. Thereafter, the complainant was assisted by local persons and informed his brother, who arranged for medical treatment at CIMS Hospital through a 112 vehicle. On the basis of the report, a case was registered at Police Station Torwa, District Bilaspur, vide Crime No. 266/2025 for the offence under Section 309(6) of the BNS against unknown persons. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case and have not committed any offence as alleged by the prosecution. It is submitted that as per the FIR, the assailants had covered their faces and neither the complainant nor any witness has identified the present 3 applicant as one of the perpetrators. The implication of the applicant is solely based on the memorandum statement of the co-accused, which has no evidentiary value without independent corroboration. It is further submitted that the applicant has not committed the alleged offence and no incriminating article has been seized from his possession. It is also pertinent that the co-accused, namely Sagar Yadav, has already been enlarged on bail by this Hon’ble Court vide order dated 09.10.2025 passed in M.Cr.C. No. 7077/2025, and the case of the present applicant stands on similar footing. The applicant has been in judicial custody since 16.12.2025 and the trial is likely to take considerable time for its conclusion, thus further detention would be unwarranted. The applicant is a permanent resident of the address mentioned in the cause title, and there is no likelihood of his absconding or tampering with prosecution witnesses. The applicant undertakes to furnish adequate surety and to abide by all such terms and conditions as may be imposed by this Hon’ble Court. Therefore, it is most humbly prayed that the applicant may kindly be enlarged on bail. 4. On the other hand, learned State Counsel opposed the submissions advanced on behalf of the applicants 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the submissions made by learned counsel for the parties, further considering the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicants, moreover, the fact that the charge-sheet has been filed before the competent Court and one co-accused namely Sagar yadav 4 has already granted bail by this court in MCRC No. 7077 of 2025 vide order dated 09.10.2025 and they are in jail since 15.01.2026 and conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants – Mohit Sonkar @ Anmol Hansh and Anurag @ Bachcha Sonkar involved in Crime No. 266/2025, registered at Police Station : Torwa, District- Bilaspur (C.G.) for the offence punishable under Section 309(6) of the BNS, be released on bail on furnishing personal bond with two local sureties each 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 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 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav