1 2026:CGHC:4795 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9786 of 2025 • Mirja Keshar Beg S/o Mansoor Beg Aged About 30 Years R/o Islam Mohalla, Saraipali, Police Station- Saraipali, District- Mahasamund (C.G.) ... Applicant versus • State Of Chhattisgarh Through- Station House Officer, Police Station- Saraipali, District- Mahasamund (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ajay Kumar Chandra, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.01.2026 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.309/2025, registered at Police Station – Saraipali, District – Mahasamund (C.G.) for the offence punishable under Sections 115(2), 351(2), 309(6), 3(5) of Bhartiya Nyay Sanhita, 2023. 2. The case of the prosecution, that on 03/11/2025 in the night at about 11.00 O'clock the complainant lodged the written report before police station Saraipali, District Mahasamund (C.G.) It is alleged that VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.30 11:09:10 +0530 2 the complainant along with his driver namely Hemsagar Pradhan driving the vehicle bearing registration No. C.G. 04-HA-2047 and they are coming in Saraipali near Sandhya Dhaba village Harratar of Kotwar of Daily needs shop for taking Gutka Pouch and drinking water and stopped. Wherein Hitesh Padhi, Bhupendra Bhoi, Keshar Mirjaand Monu Rajput, Durgesh Chouhan were sitting in Mahalpara earlier. Then the driver Hemsagar taking Gutka and drinking water at that time he was coming to his vehicle then Kesar Mirja stated to Hemsagar Pradhan today you are much flying (tu bahut ud raha hai) saying it slapped and Bhupendra Bhoi @ Sonu dashed and came near the vehicle of Hemsagar ten the Hitesh Padhi stated that he will drive the vehicle you are sitting in back side and he himself sitting in driver seat. Thereafter Hitesh was driving the vehicle and they reached in Ghanteshwari Temple and taken u turn towards Chhuipali Tol Plaza reached. On the way all of together committed marpit with the help of hand and fist to Hemsagar Pradhan and also Bhupendra Bhoi given threatening him that you pay Rs. 5000/- through online if you do not pay the payment then you will beat also and bring out the Mobile Phone from his packet of paint i.e. Mobile Phone Company Samsungh Galaxy A 14 in which sim card No. 9340299056 and one paid Mobile No. 9770799990 being attached and Rs. 8500/- snatched from his left packet of paint and thereafter they ran away from the spot. On the basis of such compliant lodged by the complainant before police station Saraipali. The concerned police station investigated the matter and registered the FIR against the applicant, hence this bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It 3 is contended that only on the basis of suspicious applicant has been implicated in crime in question and he has not involved any such type of offence. It is further submits that there is no criminal antecedents registered against the present applicant and the applicant is in jail since 08.11.2025, charge-sheet has been filed in the present case 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 chargesheet has been filed in the present case. Further, applicant has no criminal antecedent. and Rs.15,00/- has been recovered from the possession of the present applicant, it appears that applicant was involved in said crime, therefore he is not entitled to grant 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 applicant and the fact only Rs.15,00/- has been recovered from the possession of the present applicant and the applicant has no criminal antecedents and the applicant is in jail since 08.11.2025, and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Mirja Keshar Beg, involved in Crime No.309/2025, registered at Police Station – Saraipali, District – Mahasamund (C.G.) for the offence punishable under Sections 115(2), 351(2), 309(6), 3(5) of Bhartiya Nyay 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:- 4 (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. 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 vaishali