1 2026:CGHC:26298 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5557 of 2026 Maikulal Netam S/o Uday Singh Aged About 27 Years R/o Village Teka, Chowki Tuhlu, Present Address- Tulsipara, Bokramuda, Police Station and Tehsil- Bagbahra, District- Mahasamund (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer- Bagbahra, Mahasamund (C.G.) ... Non-Applicant For Applicant : Mr. Pawan Kumar Kesharwani, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.06.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.69/2025 registered at Police Station – Bagbahra, District - Mahasamund (C.G.) for the offences punishable under Sections 281, 109, 125B, 238 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution case, in brief, on 10.03.2025, a report was lodged at Police Station Bagbahra alleging that on 16.02.2025, the victim, Hem Sagar Yadav, son of Nurpat Yadav, a resident of Village Bokramuda Khurd, was intentionally hit by a motorcycle driven by co-accused PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.06.30 13:17:06 +0530 2 Dashrath Manjhi, who allegedly ran over him with the intention of causing his death, resulting in grievous injuries and leaving him in a comatose condition. During the course of investigation, it was further alleged that the present applicant/accused, Maikulal Netam, along with co-accused Dashrath Manjhi, had participated in the incident in a pre-planned manner and shared the common intention to commit the offence. On the basis of these allegations, Crime No. 69/2025 was registered against the accused persons for offences punishable under Sections 281, 109, 125(b), 238, and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case. He further submits that the applicant has no previous criminal antecedents. He later submits that the co-accused, namely, Dashrath Manjhi has already been granted bail by this Court vide order dated 02.02.2026 passed in MCRC No. 1108/2026. Further, the applicant the applicant is in jail since 15.06.2025, as such, the applicant is also entitled to the benefit of parity. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court but could not dispute the fact that the identically situated co-accused persons have already been granted bail by this Court. 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 present applicant, and the fact that a similarly situated co-accused, namely Dashrath Manjhi has already been granted bail by this Court vide order dated 02.02.2026 3 passed in MCRC No. 1108/2026, further, the applicant has no previous criminal antecedents, the applicant is in jail since 15.06.2025, and also considering that the conclusion of the trial is likely to take considerable time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the bail application is allowed. Let applicant, Maikulal Netam, involved in Crime No.69/2025 registered at Police Station – Bagbahra, District - Mahasamund (C.G.) for the offences punishable under Sections 281, 109, 125B, 238 and 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti