Extracted from the PDF above. The PDF is authoritative.
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CGHC010181532026
2026:CGHC:28950
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4401 of 2026 1 - Pintu @ Suresh Kumar S/o Shir Vyash Narayan Aged About 26 Years R/o Village Bhathikuda, Thana Hardibazar, District- Korba (C.G.) 2 - Balle @ Kaushal S/o Shri Dev Prasad Aged About 26 Years R/o Village Birda, Bhatikuda, Korba District- Korba (C.G.)
... Applicant(s) versus 1 - The State of Chhattisgarh Through S H O, Thana Urga, District- Korba (C.G.)
... Respondent(s) For Applicant(s) : Mr. Samir Singh, Advocate For Respondent(s) : Mr. Sourabh Sahu, Panel Lawyer Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 10.07.2026
1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.524/2025, registered at Police Station – Urga, District – Korba (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 3(5) and 310(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on 23.11.2025 the complainant Atal Mirja lodged a written report stating that his 2 brother, Pritesh Mirja, was abused, threatened with death and assaulted by 5-6 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.10 18:46:46 +0530
2 unknown persons near Bharatmala/Akharapali Toll Plaza, due to which he sustained injuries and was admitted to the hospital. On the basis of the said report, FIR has been registered, hence, this bail application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have falsely been implicated in this case and there is no criminal antecedents registered against the present applicant and co-accused has also been enlarged on bail by this Court in MCRC No.1865 of 2026 vide order dated 24.02.2026. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 25.04.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail on the ground of parity. 4.
On the other hand, the learned State counsel opposes the bail application and submits that charge-sheet has been filed in the present case before the competent Court and there is no criminal antecedents registered against the present applicants and he could not disputed the fact that the co-accused has already been granted bail by this Court in MCRC No. 1865 of 2026 vide order dated
24.02.2026. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no criminal antecedents registered against the present applicants, co-accused has also been enlarged on bail by this Court in MCRC No.1865 of 2026 vide order dated 24.02.2026. 3 charge-sheet has been filed against the applicant, the applicants are in jail since 25.04.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application on the ground of parity. 7. Let applicants, Pintu @ Suresh Kumar and Balle @ Kaushal involved in Crime No.524/2025, registered at Police Station – Urga, District – Korba (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 3(5) and 310(2) of the Bharatiya Nyaya Sanhita, 2023 (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 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
4 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 vaishali