1 2026:CGHC:24412 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4989 of 2026 Sahil Sayer S/o Ganesh Ram Sayer, Aged About 19 Years R/o Sudhela, P.S. Balodabazar, District- Balodabazar- Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station City Kotwali Balodabazar, District- Balodabazar- Bhatapara (C.G.) ... Respondent For Applicant : Shri Pragalbha Sharma, Advocate. For Respondent/State : Shri Souyma Rai, Dy.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 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.1032/2025 registered at Police Station City Kotwali Balodabazar, District- Balodabazar- Bhatapara (C.G.) for the offence punishable under Sections 109 (1), 190, 191 (2), 191 (3), 61 (2) & 111 of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.06.18 20:17:55 +0530 2 2. Case of the prosecution, in brief, is that the complainant, namely Ajay Dhruv and his friends (Yogesh Sen, Rahul Sen, Chudamani Sen), were allegedly drinking alcohol near Banjrang Chowk. A group of accused persons(Kartik Sayer, Sahil Sayer and others) allegedly attacked them following a dispute regarding one Krishna Bhardwaj. It is alleged that the group attacked Ajay Dhruw and Yogesh Sen with fists, kicks, sticks and knives with the intent to kill. The prosecution further claims that Harish Sayer was murdered during the incident. On the basis of which crime was registered against the present applicant by the police of City Kotwali, Balodabazar, Distt- Balodabazar-Bhatapara (C.G.) under crime no. 1032/2025, U/s 109(1), 190, 191(2), 191(3), 61(2), 111 B.N.S., 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that co-accused persons namely Aryan Alias Gyanendra Banjare & Satyanarayan Alias Sattu have been granted bail by this Court in MCRC No. 4136 of 2026 on 05.05.2026 and also co-accused persons namely Aakash Banjare Alias Raja, Gopi Baghel, Tenduka Alias Luckey Banjare & Deep Kurre have been granted bail by this court in MCRC No. 4710 of 2026 on 15/06/2026. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 24/01/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application but do not dispute the fact that co-accused persons have been granted bail by this court. 3 5. I have heard learned counsel appearing for the parties and perused the materials available on record. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, further the fact that co-accused persons namely Aryan Alias Gyanendra Banjare & Satyanarayan Alias Sattu have been granted bail by this Court in MCRC No. 4136 of 2026 on 05.05.2026 and also co- accused persons namely Aakash Banjare Alias Raja, Gopi Baghel, Tenduka Alias Luckey Banjare & Deep Kurre have been granted bail by this court in MCRC No. 4710 of 2026 on 15/06/2026, period of detention of the applicant since 24/01/2026, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Sahil Sayer, involved in Crime No.1032/2025 registered at Police Station City Kotwali Balodabazar, District- Balodabazar- Bhatapara (C.G.) for the offence punishable under Sections 109 (1), 190, 191 (2), 191 (3), 61 (2) & 111 of BNS, 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. 4 (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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri