1 2026:CGHC:25374 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3163 of 2026 1 - Sumit Kumar Ragde S/o Jukekha Ragde Aged About 23 Years R/o Village Sanjay Nagar Akaltara P.S. Akaltara, Civil, Revenue And District Janjgir- Champa C.G. 2 - Avinash Sarthi S/o Lakshman Sarthi Aged About 20 Years R/o Village Sanjay Nagar Akaltara P.S. Akaltara, Civil, Revenue And District Janjgir- Champa C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Akaltara, District – Janjgir-Champa (C.G.) ---- Non-applicant For Applicant : Mr. Saket Pandey, Advocate on behalf of Mr. Santosh Kumar Verma, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.06.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 04/2026, registered at Police Station – Akaltara, District – Janjgir- Champa (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 331(6) and 3(5) of the BNS. 2. The case of the prosecution, is that the complainant Sagar Gupta resident of Sanjay Nagar on 31.12.2025, he was celebrating the New Year at home with his family. The accused Moin khan, father sameer Khan Basir Khan, Sumit Kumar, and Avinash Sarthi came in front of the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 applicant's house and were abusing his mother and sister indecently. The complainant come out of the house and stopped the accused. The accused acting in collusion entered the house at night and abused the applicant and the witnesses indecently, threatened to kill them and beat them with fists and steel rods causing injuries. On the report, applicants He was arrested in the said case. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there is only one criminal antecedent of the applicant No.1. It is further submitted that the charge-sheet has been filed in this case and the co- accused persons have been granted bail by this Court vide order dated 24.03.2026 passed in MCRC No.1778/2026. The applicants are in jail since 01.01.2026 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 is one criminal antecedent of the applicant No.1, the charge-sheet has been filed in this case, and the applicants are 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 applicants and the fact that there is only one criminal antecedent of the applicant No.1, charge-sheet has been filed in this case and the co-accused persons have been granted bail by this Court vide order dated 24.03.2026 3 passed in MCRC No.1778/2026, the applicants are in jail since 01.01.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Sumit Kumar Ragde and Avinash Sarthi, involved in Crime No. 04/2026, registered at Police Station – Akaltara, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 331(6) 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar