1 2026:CGHC:24425 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5157 of 2026 Akash Kumar Shrawan Son Of Late Ramesh Shrawan, Aged About 23 Years Resident Of Ward No. 2, Indira Awas Parpodi, Police Station Parpodi, District- Bemetara (C.G.) ... Applicant versus State Of Chhattisgarh Through- The Station House Officer, Police Of Police Station Bori, District- Durg (C.G.) ... Respondent For Applicant : Mr. Rudranath Mukherjee, Advocate. For Non-applicant/State : Mr. S.S. Baghel, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.06.2026 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.17/2025 registered at Police Station – Bori, District- Durg (C.G.) for the offences punishable under Sections 309(4), 317(4), 337(5) of the BNS 2023. 2. The prosecution story, in brief, is that Mahendra Soni is the hawker and used to sell gold and silver item door to door. On 22-02-2025, he along VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.06.18 12:00:23 +0530 2 with his nephew Rahul Soni was going to salt the ornaments. At about 7.00 AM, when they reached near Banyan Tree, three unknown persons throw chilly powder in the face of Rahul Soni, who was driving the bike and take away the bags containing the ornaments, when the complainant Mahendra Soni chased them, then the accused persons threatened Mahendra Soni with a knife and fled away from the spot, depending on the complaint, the FIR has been registered and filed the charge sheet before the concerned Court. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. The applicant has not committed any offence as alleged by the prosecution and has been arrayed as an accused merely on the basis of suspicion without there being any cogent, reliable, or independent evidence against him. The prosecution case against the applicant rests solely upon the memorandum statement of the co-accused persons, which by itself has limited evidentiary value and does not establish the applicant's involvement in the alleged offence. Significantly, no seizure or incriminating material has been recovered from the possession or at the instance of the applicant. Further, a co-accused in the same case has already been granted bail by this Hon'ble Court vide order dated 28.01.2026, and other co-accused, namely Raja Sahu, Rohit Yadav, and Ramji Jangel, have also been enlarged on bail by the learned Court below. Therefore, the applicant is entitled to the benefit of parity. The applicant has been in judicial custody since 17.11.2025, and the trial is likely to take considerable time for its conclusion. Thus, his continued incarceration would serve no useful purpose. The applicant is a permanent resident of the address mentioned in the cause title, 3 there is no likelihood of his absconding or tampering with the prosecution evidence, and he undertakes 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 counsel for the State, opposes the bail application of the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, and the fact that a similarly placed co-accused has already been granted bail by this Hon’ble Court in M.Cr.C. No. 943/2026 vide order dated 28.01.2026, and further considering that the charge-sheet has already been filed before the competent Court, that the applicant has been in judicial custody since 17.11.2025, and that the conclusion of the trial is likely to take considerable time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Akash Kumar Shrawan, involved in Crime No.17/2025 registered at Police Station – Bori, District - Durg (C.G.) for the offences punishable under Sections 309(4), 317(4), 337(5) of the BNS 2023, 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 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav