1 2026:CGHC:26905 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5776 of 2026 Subham @ Arjun S/o Late Jayant Nagaich Aged About 19 Years R/o Gourela, Police Station- Gourela, District- Gourela-Pendra-Marwahi C.G. (Particular Of The Applicant Is Not Properly Mentioned In The Impugned Order Which Is Mentioned As Per The Charge Sheet) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Gourela, District Gourela-Pendra-Marwahi C.G. ... Respondent(s) For Applicant(s) : Mr. Avinash Chand Sahu, Advocate. For Respondent(s) : Ms. Ritika Verma, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/07/2026 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 applicant who has been arrested in connection with Crime No. 90/2026 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Gourela, District Gourela-Pendra-Marwahi (C.G.) for the offence punishable under Section 326(G) of the BNS. 2. Case of the prosecution, in brief, is that on the intervening night of 03/04.03.2026, an unknown person allegedly poured a combustible substance on the complainant's main door, carpet, and curtain and set them on fire, causing damage of about Rs.15,000/-. A threatening letter was also allegedly found outside the house, and CCTV footage showed an unknown person committing the act. During investigation, the present applicant was identified, and pursuant to his memorandum statement, an empty plastic bottle smelling of a combustible substance was allegedly recovered from his possession. After completion of the investigation, the applicant was charge-sheeted for the aforesaid offence. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the FIR was initially registered against an unknown person and the present applicant was not named therein. It is further submitted that there is no direct eyewitness to the alleged incident and the entire prosecution case rests solely on circumstantial evidence. He also submits that the only alleged recovery from the applicant is an empty plastic bottle said to contain the smell of an inflammable substance. The alleged memorandum statement, recovery, and 3 identification proceedings are all matters of evidence to be tested during trial and, by themselves, do not conclusively connect the applicant with the alleged offence. He later submits that no person sustained any bodily injury in the alleged incident and, as per the prosecution case itself, only the main door, carpet, and curtain of the house were allegedly damaged, resulting in loss of property alone. The applicant is in jail since 17.03.2026, the applicant has two criminal antecedents of the years 2022 and 2025 under the BNS, further the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant allegedly set fire to the complainant's house by pouring a combustible substance on the main door, carpet, and curtain during the night, left a threatening letter at the spot, and was subsequently identified during investigation. It is further alleged that, pursuant to his memorandum statement, an empty plastic bottle smelling of a combustible substance was recovered from his possession. She also submits that the applicant has three criminal antecedents of the years 2022, 2024 and 2025 under the BNS. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and 4 perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, and the fact that though the applicant allegedly set fire to the complainant's house by pouring a combustible substance on the main door, carpet, and curtain during the night, left a threatening letter at the spot, and was subsequently identified during investigation, but considering the fact that the period of detention of the applicant since 17.03.2026 and the fact that charge-sheet has already been filed, further considering the criminal antecedents of the applicant, which are three in number of the years 2022, 2024 and 2025 under the BNS, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Subham @ Arjun, involved in Crime No. 90/2026 registered at Police Station Gourela, District Gourela- Pendra-Marwahi (C.G.) for the offence punishable under Section 326(G) 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 5 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 open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil