1 2026:CGHC:22659 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3460 of 2026 1 - Yogendra Jendre @ Yamraj S/o Shri Bhuvan Lal Jendre Aged About 24 Years R/o Village Amavash, Thana Tumgaon, Tehsil And District Mahasamund, Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Tumgaon, District Mahasamund, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Sumit Shrivastava, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.05.2026 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. 231/2025, registered at Police Station – Tumgaon, District – Mahasamund (C.G.) for the offence punishable under Sections 309(4), 309(6), 351(3) and 3(5) of the Bharatiya Nyaya ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 Sanhita, 2023 (BNS). 2. That the prosecution story, in brief, is that the complainant, Suresh Kumar Shah, lodged a written report on 24.11.2025 alleging therein that on 23.11.2025, he had visited the Tumgaon market for the purchase of certain goods. It is alleged that while returning to the plant after completing his shopping, at about 6:40 PM, near Aman Dhaba, three persons riding a motorcycle intercepted him, assaulted him, and forcibly snatched his blue-coloured Motorola G85 mobile phone along with cash amounting to Rs. 800/-. Thereafter, the said persons allegedly fled from the spot after extending threats to the complainant. On the basis of the aforesaid written report, an FIR came to be registered against three unknown persons riding the motorcycle. During the course of investigation, the present applicant was arrested and, upon completion of the investigation, a charge-sheet has been filed against him. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are four cases registered under the IPC out of which the applicant has already been acquitted in two cases, other two cases are pending for their conclusion alongwith seven cases of preventive action are registered against the applicant. It is further submitted that the charge-sheet has been filed in this case. He further submits that the co-accused has already been granted bail 3 by the trial Court concerned. The applicant is in jail since 26.11.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, learned counsel for the State has opposed the bail application and submitted that four criminal antecedents under the IPC, along with seven cases relating to preventive action, are registered against the present applicant. It is further submitted that the charge-sheet has already been filed in the present case and, therefore, the applicant is not entitled to the 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 applicant and particularly taking into account that the applicant is in judicial custody since 26.11.2025, charge-sheet has been filed against the applicant and conclusion of the trial is likely to take some time, therefore, without commenting anything on the merits of the case, I am inclined to allow this application. 7. Let applicant, Yogendra Jendre @ Yamraj, involved in Crime No. 231/2025, registered at Police Station – Tumgaon, District – Mahasamund (C.G.) for the offence punishable under Sections 309(4), 309(6), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 4 2023 (BNS), 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 of the trial court absence of the applicant is deliberate or without sufficient 5 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 Saxena