1 2026:CGHC:23264 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4621 of 2026 • Lokesh Soni S/o Vishnu Soni Aged About 19 Years R/o Nayapara Mahasamund, Police Station Tehsil And District Mahasamund C.G. ... Applicant(s) versus • State of Chhattisgarh Through- Officer In Charge Police Statoin Mahasamund Tehsil And District Mahasamund C.G. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Devesh G. Kela, Advocate For Respondent(s) : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.05.2026 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.162/2026, registered at Police Station – Mahasamund, District – Mahasamund (C.G.) for the offence punishable under Sections 296, 309(6), 351(3) and 3(5) of Bhartiya Nyaya Sanhita. 2. The case of the prosecution, is that on 29.03.2026 Chandrashekhar Koshale made oral complaint that he is resident of Fingeshwar and on 28.03.2026 he went to Mahasamunf from Fingeshwar on a bus VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.15 18:48:14 +0530 2 and reached there at about 5.54 p.m. and thereafter informed his father that he has reached Mahasamund and thereafter he was going to Ghodari on foot and has reached near Mahanadi Hospital and stopped a auto and informed auto driver that he will go to Ghodari river turning and sit in the auto. Auto driver stopprd the auto near pond of Kharora Sahid Smarak and thereafter auto driver went near the Shiv Mandir and started smoking Ganja and also offered complainant. After some time one person demanded mobile of complainant, which was denied by him whereupon they snatched mobile and asked for password and thereafter switched off mobile and left complainant. Thereafter complainant informed the incident to his father and thereafter lodged complaint whereupon FIR was registered and charge sheet has been filed. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. She further submits that there is nothing in the charge sheet that links the present applicant to the alleged offense. He also submits that no identification parade has been conducted by the police in this case. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 05.05.2026 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 applicant has no criminal antecedent and the charge-sheet has been filed in this case before the competent Court. She further submits that one mobile phone has been recovered from the possession of the applicant. 3 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 that only one mobile phon has been recovered from the possession of the applicant, applicant has no criminal antecedent, charge-sheet has been filed against the applicant, the applicant is in jail since 05.05.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Lokesh Soni, involved in Crime No.162/2026, registered at Police Station – Mahasamund, District – Mahasamund (C.G.) for the offence punishable under Sections 296, 309(6), 351(3) and 3(5) of Bhartiya Nyaya Sanhita, 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 4 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