1 2026:CGHC:25427 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5460 of 2026 1 - Lal Singh Rajput S/o Late Suresh Singh Aged About 24 Years R/o Village- Baghmara Tahsil And P.S. Gunderdehi District- Balod (C.G.) 2 - Komal Rajput S/o Late Suresh Singh Aged About 20 Years R/o Village- Baghmara Tahsil And P.S. Gunderdehi District- Balod (C.G.) ... Applicants versus State Of Chhattisgarh Through- Police Station - Gunderdehi District - Balod (C.G.) ... Non-applicant For Applicants : Mr. Vikas Pandey, Advocate. For Non-Applicant : Ms. Vaishali Mahilong, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.06.2026 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 applicants who have been arrested in connection with Crime No. 94/2026 registered at Police Station - Gunderdehi District - Balod (C.G.) for the offence punishable under Section 309(6) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.06.23 11:27:03 +0530 2 2. According to the prosecution, on 06/03/2026 at about 2.38 pm the complainant has lodged oral report at Police Station Gunderdehi District Balod against the present applicants and other co-accused person stating that on 05/03/2026 at about 1.00 pm the complainant had gone to Baghumera stop Dam to take bath when the applicants and other co-accused persons started abusing the complainant. When the complainant objected them the accused persons assaulted him and also looted ring and money of Rs.8300/-. Thereafter the complainant has lodged report against the applicants and other co- accused persons. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is submitted that the alleged incident took place during the Holi festival, when the complainant was under the influence of alcohol and started abusing the applicants, which led to a dispute between the parties. It is further submitted that the applicants and the complainant are residents of the same village and have a history of prior disputes, and owing to such enmity, the complainant lodged a false report against the applicants on the following day of the incident. Learned counsel further contends that the prosecution story is inherently improbable, inasmuch as during the Holi festival people generally do not wear gold ornaments or carry substantial amounts of money, thereby rendering the allegations doubtful. It is also submitted that the applicants are in judicial custody since 07.03.2026, the investigation has been completed, and the charge-sheet has already been filed before the learned trial Court. The applicants are permanent residents of the address mentioned in the cause title and, therefore, there is no 3 likelihood of their absconding or tampering with the prosecution evidence. The applicants are ready and willing to abide by all the terms and conditions that may be imposed by this Hon'ble Court while granting them bail. 4. On the other hand, learned counsel appearing for the State/non- applicant opposes the bail application and submits that the charge- sheet has already been filed before the competent Court and that applicant No. 1 has one criminal antecedent. Therefore, the applicants are not entitled to the grant of bail. 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 applicants, the fact that they have no criminal antecedents, and also considering that the charge-sheet has been filed before the competent Court and that the applicants have been in judicial custody since 07.03.2026, and further that the conclusion of the trial is likely to take considerable time, I am inclined to grant regular bail to the present applicants. 7. Let the Applicants - Lal Singh Rajput and Komal Rajput, involved in Crime No. 94/2026 registered at Police Station - Gunderdehi District - Balod (C.G.) for the offence punishable under Section 309(6) of the BNS, be released on bail on furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in 4 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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. - Sd/- (Ramesh Sinha) Chief Justice vaibhav