1 2026:CGHC:23822 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2703 of 2026 Hemant Karwa S/o Parsuram Karwa, Aged About 43 Years R/o Village Atal Awas, Deorikhurd, 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 Applicant : Mr. Rahul Goswami, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.06.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 107/2026 registered at Police Station Torwa, District Bilaspur (C.G.) for the offence punishable under Sections 308(5) and 308(6) of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 27.02.2026, Gajadhar Singh submitted a written complaint alleging that Hemant Karwa had been extorting money from him for the past one and a half years, due to which he and his entire family were mentally and financially distressed. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.06.16 15:01:17 +0530 2 The written complaint further stated that Gajadhar Singh had borrowed a sum of Rs. 50,000/- from his brother, Dinesh Singh, through his acquaintance, Kailash Singh, as per his requirement and on interest. For recovery of the said amount, Hemant Karwa was allegedly sent by Kailash Singh. Due to the threats extended by the applicant/accused, the complainant became frightened and suffered mental stress. Thereafter, the complainant continued to give money to the applicant/accused online as well as in cash. It is further alleged that even after repayment of the principal amount of Rs. 50,000/- along with interest to Kailash Singh, the said Kailash Singh again sent the applicant/accused to threaten him. The applicant/accused then started narrating his financial problems, due to which the complainant, being carried away by emotions and ignoring his own difficulties, continued to give amounts of Rs. 30,000/- and more to the applicant/accused. Based on the aforesaid information, a case was registered under Sections 308(5) and 308(6) of the B.N.S. at Torwa Police Station, Bilaspur. 3. It has been argued by learned counsel for the applicant that the present applicant is innocent and has been falsely implicated in the present case. He submits that no ingredient of the offences punishable under Sections 308(5) and 308(6) of the B.N.S. is made out against the applicant. The applicant has neither committed nor been involved in the aforesaid offences and has been falsely implicated in connection with the said crime. He also submits that the police did not conduct a proper enquiry into the alleged incident before registering the FIR against the applicant, and the applicant has falsely been arrayed as an accused person on the basis of false and baseless allegations. He further submits that the applicant has no criminal antecedents and he is in jail since 28.02.2026, 3 conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed before the competent Court in the present case. She further submits that the applicant has one criminal antecedent under the Motor Vehicles Act pertaining to the year 2019. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has only one criminal antecedent under the Motor Vehicles Act pertaining to the year 2019, further, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 28.02.2026, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. 7. Let applicant, Hemant Karwa, involved in Crime No. 107/2026 registered at Police Station Torwa, District Bilaspur (C.G.) for the offence punishable under Sections 308(5) and 308(6) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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 Abhishek