1 2026:CGHC:24406 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5072 of 2026 • Basant Tekam S/o. Shri Ghanshaym Tekam Aged About 19 Years By Caste Gond, R/o. Village - Kauwanar Badna, P. S. - Kukdur, Distt. - Kabeerdham (C.G.) ... Applicant(s) versus • The State of Chhattisgarh Through Station House Officer, Police Station - Kukdur, Distt. Kabeerdham (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Rajendra Patel, Advocate For Respondent(s) : Mr. Sourabh Sahu, Panel Lawyer 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 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.11/2026 registered at Police Station - Kukdur, District - Kabeerdham, (C.G.) for the offence punishable under Sections 126(2), 309(6), 3(5), 351(3) of Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that the complainant Uttam Hathile lodge the written report on 28.02.2026 against the unknown VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.06.18 17:38:15 +0530 2 persons with the averment that on 26.02.2026 at about 9 Pm he was coming from weekly market on the way near Kui Badna Raod Battumran Nala 3 persons came backside through motor cycle and committed the robbery by snaching a Mobile Set amounting Rs. 8,500/- and cash of Rs, 400/- so on the basis of the report thana police registered the offence and arrested the applicant and others and they were produce for test identification parade but the complainant did not identify the applicant after completion of investigation charge-sheet is filed. 3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in offence in question. The applicant is in jail since 02.03.2026. The charge-sheet has been filed and no further investigation is required, however, conclusion of the trial is likely to take some time. He further submitted that co-accused, namely, Sirotan Dhruve has already been granted bail by this Court in M.Cr.C. No. 4531 of 2026 vide order dated 14.05.2026 and as such, on the ground of parity, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application. He further submits that applicant has no criminal antecedent and one mobile phone and Rs.400/- was recovered from the possession of the applicant, but he could not disputed the fact that co-accused, namely, Sirotan Dhruve has already been granted bail by this Court in M.Cr.C. No. 4531 of 2026 vide order dated 14.05.2026. 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, 3 nature and gravity of offence, period of detention of the applicant, the fact that the conclusion of the trial may take some time and further that one of the co-accused, namely, Sirotan Dhruve has already been granted bail by this Court in M.Cr.C. No. 4531 of 2026 vide order dated 14.05.2026, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Basant Tekam, involved in Crime No.11/2026 registered at Police Station - Kukdur, District - Kabeerdham, (C.G.) for the offence punishable under Sections 126(2), 309(6), 3(5), 351(3) of Bhartiya Nyay Sanhita, 2023, be released on bail on their 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 4 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 copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Vaishali