1 2026:CGHC:25638 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5475 of 2026 Tushar Sahu @ Chhotu S/o Vijay Sahu Aged About 22 Years R/o Dongripara Ward No. 9 P.S. Kota District Bilaspur Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Kota, District – Bilaspur, C.G. ---- Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.06.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 1068/2025, registered at Police Station – Kota, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 74 and 3(5) of the BNS. 2. The case of the prosecution, is that the victim has made complaint to the concerned Police Station that at the time of incident, when the victim was returning from her college C.V. Raman to her house, the accused persons came to her and have tried to carry her in their motorcycle forcefully by using filthy language, on the basis of such report, the Police has registered the offence and arrested the applicant and other co-accused. Hence, this application. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are a total of 12 criminal antecedents of the applicant out of which 2 have been disposed of and 2 have been ended in acquittal. It is further submitted that there are 3 accused persons in the present case including the applicant, and other two co-accused have been granted bail by this Court vide order dated 24.02.2026 and 10.03.2026 passed in MCRC No.660/2026 and 2187/2026. The applicant is in jail since 19.11.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are a total of 12 criminal antecedents of the applicant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are a total of 12 criminal antecedents of the applicant out of which 2 have been disposed of and 2 have been ended in acquittal, there are 3 accused persons in the present case including the applicant, and other two co-accused have been granted bail by this Court vide order dated 24.02.2026 and 10.03.2026 passed in MCRC No.660/2026 and 2187/2026, the applicant is in jail since 19.11.2025 and conclusion of the trial is likely to take some time, I am inclined to 3 allow this application. 7. Let applicant, Tushar Sahu @ Chhotu, involved in Crime No. 1068/2025, registered at Police Station – Kota, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 74 and 3(5) of the 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 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar