1 2026:CGHC:24099 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3495 of 2026 Sameer Nagesh S/o Ahala Ram, Aged About 29 Years Caste Ghasiya R/o Village Kerajhariya Pali, Thana Pali, District Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Sahayata Kendra Chaitma, P.S.- Pali, District Korba (C.G.) ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.06.2026 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. 25/2026, registered at Police Station - Pali District - Korba (C.G.) for the offence punishable under Sections 309(6) & 3(5) of the BNS. 2. Case of the prosecution, in brief, is that on 16/01/2026 at about 12.30 pm the complainant namely Raj Kumar Kashyap has lodged oral VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.06.16 18:35:54 +0530 2 report at Police Station Pali District Korba against the four unknown person stating that on 16/01/2026 at about 1.00 am some unknown person entered the office of petrol pump where the complainant and his colleague Kashi Ram were sleeping at that time some unknown person looted amount of Rs.8000/- and also done marpeet with the complainant and Kashi Ram. Thereafter police has lodged FIR against the unknown person and arrested the applicant. 3. Learned counsel for the applicant respectfully submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the name of the applicant does not find mention in the FIR and he has been implicated solely on the basis of the memorandum statement of a co-accused person. The applicant was not present at the spot at the time of the alleged incident and no incriminating article has been seized from his possession. The investigation has already been completed and the charge-sheet has been filed before the learned Court below. The applicant is a young boy and is in judicial custody since 16.01.2026. He is a permanent resident of the address mentioned in the cause title and there is no likelihood of his absconding or tampering with the prosecution evidence. The applicant is ready and willing to abide by all such terms and conditions as may be imposed by this Hon’ble Court while granting bail. 4. On the other hand, learned State counsel opposes the bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case- diary. 3 6. Considering the facts and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that the applicant has no previous antecedents and also considering the fact that the charge-sheet has been filed and he has been in jail since 16.01.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Sameer Nagesh, involved in Crime No. 25/2026, registered at Police Station - Pali District - Korba (C.G.) for the offence punishable under Sections 309(6) & 3(5) of the BNS, be released on bail on furnishing personal bond with two local 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 she 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 her 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 4 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 her in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav