1 CGHC010166542026 2026:CGHC:28493 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3848 of 2026 Roshan S/o Badku Aged About 23 Years R/o Village- Chakarbedha, Police Station - Masturi, District- Bilaspur (Chhattisgarh) --- Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Masturi, District- Bilaspur (C.G.) --- Respondent(s) For Applicant(s) : Mr. Danish Ahmed Siddiqui, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/07/2026 1 This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested on 31.03.2026 in connection with Crime No. 206/2026, registered at Police Station – Masturi, District Bilaspur, for the offence punishable under Sections 126(2), 296, 309(6), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, the BNS). 2 Case of the prosecution, in brief, is that the complainant appeared at Malhar Outpost, Police Station, Masturi, and lodged a report stating that on 30.03.2026, he had gone to the house of his friend Sen Tandon on his moped to attend a marriage function. After the marriage programme, 2 while he was returning home on his moped at about 11:30 p.m., and had reached near the Society between Chakarbeda and Daganiya, at that time Bittu, Roshan, and two other companions, residents of Chakarbeda, totaling four boys, came in front of his moped and forcibly stopped it. They assaulted him and said, "Where have you kept the money?" When he replied that he did not have any money, all four started abusing him with obscene mother-sister related abuses and assaulted him with a belt and fists. When he fell down from his moped, they robbed ₹1,400 kept in the pocket of his shirt. Due to the assault, he suffered severe pain in his left thigh and back. All four boys were about 20–22 years of age. After committing the robbery and assault, the accused persons also took away the key of his moped and fled from the spot, leaving him there in an injured condition. He remained lying there in an injured condition until the morning of 31.03.2026. On the basis of the aforesaid report of the complainant, a criminal case was registered against Bittu, Roshan, and two other accused persons under Sections 126(2), 296, 309(6), and 3(5) of the BNS and the case was taken up for investigation. During the investigation, acting on information received from an informer, the suspects Roshan Bhandari, Sumit Dinkar, Sumit Tandon, and Manjesh Khunte were apprehended from village Chakarbeda and brought to the police station. During interrogation, they admitted to having committed the said offence. From accused Sumit Dinkar, the looted cash amount of Rs. 1,400 and a black shirt were seized. From accused Manjesh Khunte, one belt used in the commission of the offence was seized. As evidence was found against the accused persons, they were arrested on 31.03.2026. 3 Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present cases. There is no eye 3 witness to the incident. When the commission of offence is alleged to have occurred at 11:30 p.m. proper identification of the accused by the complainant under such circumstances is highly doubtful. No test identification parade has been conducted. Omnibus allegations against all the accused persons have been levelled and there is no specific allegation against the present applicant. No recovery of the alleged amount or any incriminating material has been made from the applicant. Further, the injuries sustained by the applicant appears to be simple in nature. The applicant has no criminal antecedents. The applicant is in jail since 31.03.2026 and the conclusion of the trial is likely to take some time as till date, the investigation has not been completed and no charge sheet has been filed, and as such, the applicant be released on bail. 4 On the other hand, learned State counsel appearing for the respondent/ State opposes the application for grant of bail and submits that though no seizure has been made from the present applicant, but he had accompanied other co-accused persons in commission of the crime. The matter is under investigation and as such, the bail application be rejected. 5 I have heard learned counsel appearing for the parties and perused the case diary. 6 Considering the facts and circumstances of the case, particularly the nature of allegations, the fact that no recovery of the alleged robbed amount or any other incriminating article has been made from the present applicant, the absence of any specific overt act attributed to him, the fact that no Test Identification Parade appears to have been conducted despite the incident having allegedly taken place at about 11:30 p.m., the applicant having no criminal antecedents, his detention 4 since 31.03.2026, and the fact that the investigation is still pending and the charge-sheet has not yet been filed, without commenting upon the merits of the case, this Court is of the opinion that the applicant deserves to be enlarged on regular bail. 7 Accordingly, the bail application of the applicant is allowed. 8 Let the applicant – Roshan involved in connection with Crime No. 206/2026, registered at Police Station – Masturi, District Bilaspur, for the offence punishable under Sections 126(2), 296, 309(6), 3(5) of the Bharatiya Nyaya Sanhita, 2023 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 5 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 concerned for necessary information and compliance. - S/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.07.10 11:24:31 +0530