1 2026:CGHC:25175 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5269 of 2026 Ram Singh Agariya S/o Nansay Agariya Aged About 27 Years R/o Village - Tunga, P.S. And Tehsil - Lakhanpur, District - Balrampur- Ramanujganj (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- P.S.- Rajpur, District- Balrampur- Ramanujganj (C.G.) (Correctly Mentioned As Per Impugned Order Dated 13-04-2026) ... Respondent(s) For Applicant(s) : None. For Respondent(s) : Mr. Nitansh Jaiswal, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/06/2026 1. None appears nor is any representation made on behalf of the applicant to press this bail application when the case is called out. 2. It transpires from the record that the applicant is in jail since AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 08.02.2026. Hence, the Court proceeds to consider and hear the bail application of the applicant with the assistance of the State counsel. 3. 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. 25/2026 registered at Police Station Rajpur, District- Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 318(4), 112(2), 3(5) of BNS. 4. Case of the prosecution, in brief, is that on 02.02.2026 at about 3:00 P.M., the complainant, Nibal Lakra, withdrew a sum of Rs. 49,000/- from the District Cooperative Bank, Rajpur, District Balrampur-Ramanujganj (C.G.). It is alleged that thereafter, near Balaji Electronics, the present applicant along with a co-accused approached the complainant on a motorcycle and induced him to accompany them on the pretext of dropping him at his residence. The prosecution further alleges that the accused persons took the complainant to Mahuvapara and dishonestly obtained Rs. 49,000/- from him by assuring that the amount would be handed over to his son. Thereafter, both the accused persons allegedly fled from the spot with the said amount. During the course of investigation, the present applicant was implicated and arrested in connection with the aforesaid offence. Hence, the bail application. 5. It further transpires from the bail application that identically 3 situated co-accused, namely, Jel Kumar Agariya has already been granted bail by this Court vide order dated 17.06.2026 passed in MCRC No.5208 of 2026 and the applicant is in jail since 08.02.2026. 6. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that identically situated co- accused, namely, Jel Kumar Agariya has already been granted bail by this Court vide order dated 17.06.2026 passed in MCRC No.5208 of 2026. 7. I have perused the bail application and materials available on record. 8. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 08.02.2026, the fact that though the applicant allegedly in collusion with other co-accused persons induced the complainant to accompany them on the pretext of dropping him at his residence and dishonestly obtained Rs. 49,000/- from him by assuring that the amount would be delivered to his son and fled away with the said amount, but considering the fact that co- accused, namely, Jel Kumar Agariya has already been granted bail by this Court vide order dated 17.06.2026 passed in MCRC No.5208 of 2026, and the case of present applicant is identical to that of the aforesaid co-accused, further the applicant has no 4 criminal antecedent and charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 9. Accordingly, the application is allowed. 10. Let the Applicant-Ram Singh Agariya, involved in Crime No. 25/2026 registered at Police Station Rajpur, District- Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 318(4), 112(2), 3(5) 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. (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 5 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. 11. Registrar (Judicial) is directed to send a certified copy of this order to the trial Court concerned for communicating the same to the applicant where he is confined. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil