1 2026:CGHC:14080 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1786 of 2026 1 - Tikeshwar Yadu S/o Vishnuram Yadu Aged About 21 Years R/o Village Hirmi, P.S. Suhela, Tahsil Simga, District Balodabazar-Bhatapara, Chhattisgarh. 2 - Yogesh Yadu S/o Dwarika Yadu Aged About 18 Years R/o Ramsagarpara Ward, Kumharpara, Bhatapara, District Balodabazar-Bhatapara, Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through P.S. Bhatapara (Gramin), District – Balodabazar-Bhatapara, Chhattisgarh. ---- Non-applicant For Applicants : Mr. Bharat Lal Dembra, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.03.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 90/2025, registered at Police Station – Bhatapara (Gramin), District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 303(2), 112(2) and 3(5) of the BNS. 2. The case of the prosecution, is that on 06.02.2025 the complainant namely Lalaram Sahu lodged a report alleging that on 03.02.2025, he went to his field on his motorcycle bearing registration No. CG-04-DG- 8452, for starting motor pump and when he returned his motorcycle was missing and thereafter, he lodged the report against the unknown RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 persons. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there are 4 criminal antecedents of the applicants out of which 3 have been disposed of. It is further submitted that the charge-sheet has been filed in this case. The applicants are in jail since 06.12.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are 4 criminal antecedents of the applicants out of which 3 have been disposed of, the charge-sheet has been filed in this case, and the applicants are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that there are 4 criminal antecedents of the applicants out of which 3 have been disposed of, charge-sheet has been filed against the applicants, the applicants are in jail since 06.12.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Tikeshwar Yadu and Yogesh Yadu, involved in Crime No. 90/2025, registered at Police Station – Bhatapara (Gramin), District 3 – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 303(2), 112(2) and 3(5) of the BNS, be released on bail on their 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 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. 4 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 Rajshekhar