1 2026:CGHC:27215 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5828 of 2026 Bhupesh Sahu @ Nanu S/o Deelip Kumar Sahu Aged About 18 Years R/o Teli Dharamsala Near Aswninagar, P.S. Purani Basti, Distt Raipur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer (S.H.O.) P.S. D.D. Nagar, Raipur Distt Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Prashant Dansena, Advocate. For Non-applicant/State. : Mr. Soumya Rai, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.07.2026 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. 236/2026 registered at Police Station – D.D. Nagar, District – Raipur (C.G.), for the offences punishable under Section 309(4) of the Bhartiya Nyay Sanhita (BNS). 2. As per the prosecution story, the complainant, Jatin Kumar Nirmalkar, alleged that three unknown individuals riding a scooter threatened him and robbed him of his iPhone 12 Mini, cash, documents, and an ATM card after his vehicle broke down near Global Hospital. During the course of the investigation, the looted articles were recovered from the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.03 11:05:59 +0530 2 possession of the co-accused, Bhupesh Sahu and the other co-accused. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the aforesaid case. He further submits that there is no independent or reliable eyewitness to the alleged incident, and that the prosecution case is based solely on circumstantial evidence, which is weak, incomplete, and insufficient to establish the guilt of the applicant. He also submits that the investigation has been completed and the charge-sheet has already been filed. Therefore, no further custodial interrogation of the applicant is required. Learned counsel further submits that the trial is likely to take a considerable period of time, and the applicant has already undergone a substantial period of incarceration. He contends that a bare perusal of the First Information Report (FIR) reveals that there is no incriminating material against the present applicant, and that the applicant's name does not find mention therein. He further submits that, apart from the present case, the applicant has only one criminal antecedent, which arises out of the same incident. An explanation in this regard has been furnished in paragraph 4(a) of the present bail application. It is also submitted that the applicant has been in judicial custody since 08.04.2026, and since the conclusion of the trial is likely to take considerable time, the applicant deserves to be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, particularly the fact that, apart from the present case, the applicant has 3 only one criminal antecedent, which arises out of the same incident, and that an explanation in this regard has been furnished in paragraph 4(a) of the present bail application, moreover, the fact that the charge-sheet has already been filed before the competent Court, the applicant has been in judicial custody since 08.04.2026, conclusion of the trial is likely to take considerable time, therefore, this Court is of the view that the applicant is entitled to be released on bail. 7. Let the Applicant – Bhupesh Sahu @ Nanu, involved in Crime No. 236/2026 registered at Police Station – D.D. Nagar, District – Raipur (C.G.), for the offences punishable under Section 309(4) of the Bhartiya Nyay Sanhita (BNS), 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 his 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 4 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. 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 Abhishek