1 CGHC010253382026 2026:CGHC:28187 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6031 of 2026 1. Gurulal Singh Alias Vicky Son of Resham Singh, Aged About 20 Years Resident of Ward No. 02, Virendra Nagar, Saraipali, Police Station And Tahsil - Saraipali, District - Mahasamund (C.G.) 2. Deepak Biro Son of Sudam Biro, Aged About 21 Years Resident of Ward No. 02, Virendra Nagar, Saraipali, Police Station And Tahsil - Saraipali, District Mahasamund (C.G.) ... Applicants versus State of Chhattisgarh Through Station Sankara, Police Station Sankara, District - Mahasamund (C.G.) ... Non-applicant For Applicants : Mr. Sheshav Shekhar Barik, Advocate. For Non-applicant/State. : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.07.2026 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 applicants who have been arrested in connection with Crime No. 49/2026 registered at Police Station - Sankara, District - Mahasamund (C.G.), for the offences punishable under Section 309(4) of the Bhartiya Nyay Sanhita (BNS). 2. As per the prosecution story, in brief, on 09.03.2026, the complainant, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.09 11:59:50 +0530 2 Lileshwar Sahis, appeared before the Police Station and lodged a written report stating that on the intervening night of 08.03.2026 and 09.03.2026, at about 11:00 PM, he and his friends had gone from Village Kasibahra to Saraipali on a motorcycle to pick up their friend, Haldhar Dhruv. While returning, the motorcycle of Haldhar Dhruv broke down, and they left it at Hartar. Thereafter, all four of them were returning together on a motorcycle. At about 2:00 AM, when they reached a deserted place near the Loharin-Dongri Jarhapulia bridge, three unknown persons arrived on a red and black Pulsar 220 motorcycle. They parked their motorcycle in front of the complainant’s motorcycle, thereby blocking their way. One of the accused was a well-built, heavy-set man wearing a T-shirt, while the other two were thin-built and were wearing shirts and pants. They got down from the motorcycle and threatened the complainant and his companions with a knife. Upon seeing this, Haldhar Dhruv and Dev Dhruv threw their mobile phones towards the side of the road. Thereafter, the accused forcibly snatched the complainant’s Samsung Galaxy M31S mobile phone, valued at approximately Rs. 10,000/- and Dev Dhruv’s POCO M6 Pro mobile phone, valued at approximately Rs. 18,000/-. The accused also took Rs. 500/- from the pocket of Haldhar Dhruv and thereafter fled towards Sankra on the Pulsar motorcycle. On the basis of the said report, Crime No. 49/2026 was registered at Sankra Police Station against three unknown accused persons for the offences punishable under Sections 309(4) and 3(5) of the Bharatiya Nyaya Sanhita, and the First Information Report was accordingly recorded. 3. Learned counsel for the applicants submits that the present applicants are innocent and have been falsely implicated in the aforesaid case. He further submits that the applicants have only one criminal antecedent under the BNS, for which an explanation has already been furnished in 3 paragraph 4(a) of the present bail application. He also submits that the applicants have been in judicial custody since 27.03.2026 and that the conclusion of the trial is likely to take some time. Therefore, he prays that the applicants be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has already been filed 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, and further considering the fact that the applicants have only one criminal antecedent under the BNS, for which an explanation has already been furnished in paragraph 4(a) of the present bail application, as well as the fact that the charge-sheet has already been filed before the competent Court and the applicants have been languishing in judicial custody since 27.03.2026, conclusion of the trial is likely to take some more time, therefore, this Court is of the view that the applicants are entitled to be released on bail in the present case. 7. Let the Applicants – Gurulal Singh Alias Vicky and Deepak Biro, involved in Crime No. 49/2026 registered at Police Station - Sankara, District - Mahasamund (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 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 Court. In case of default of this condition, it shall be open 4 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek