1 CGHC010188152026 2026:CGHC:28565 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4402 of 2026 Satish Mishra S/o R. K. Mishra Aged About 46 Years, R/o Asma City, P.S. Sakri, Distt. Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S. Sakri, Distt. Bilaspur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Rajeev Kumar Dubey, Advocate through video conferencing. For State/Respondent : Ms. Nupur Trivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.07.2026 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. 359/2026, registered at Police Station - Sakri, District – Bilaspur (C.G.) for the offence punishable under Sections 140(3), 308(5), 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that the complainant witness Sudhir Joshi, in relation to the incident dated 24-04-2026, submitted a written PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.10 17:42:10 +0530 2 complaint on 28-04-2026 at Police Station Sakri, alleging that the applicant along with other co-accused persons, kidnapped his son, threatened to kill him and attempted to extort money by intimidation. It was reported that his younger son Mayank Joshi, informed him that on 20-02-2026, the applicant Satish Mishra called his son Mayank Joshi and his friend Ujjwal Rana to his house and questioned them regarding a theft allegedly committed by Pranay Mishra. At that time, four other persons were present at the house of the applicant Satish Mishra, whom Mayank and his friend Ujjwal did not know but could identify them upon seeing them. On 23-02-2026, Mayank and Ujjwal Rana were again called and threatened with death. Thereafter, on 24-02- 2026, the applicant Satish Mishra again called his son and Ujjwal to his house at around 12:00 noon, where TRH Sona, Pranav, his friend Piyush Dhruv, Divya Nigam, and four other persons were present. The applicant was introducing those four persons as police officials and was threatening to assault Mayank and his friend, abduct them from their house, and also get their family members abducted. At around 06:00 PM, Satish Mishra left in a Scorpio vehicle, on which Police was written, along with his four associates, taking Piyush and Pranav with him to an unknown place. Meanwhile, Satish Mishra kept Mayank and Ujjwal confined in his house and continued to threaten them. At around 07:00 PM, he took Mayank and Ujjwal in his Alto car to an unknown place and later dropped them at Nehru Chowk. It has been alleged that Satish Mishra and his four associates committed the offence of kidnapping Mayank Joshi and his companions Ujjwal and Piyush Dhruv, threatened them with death, and attempted to extort money through intimidation. On the basis of the above information of the 3 complainant, an offence has been registered against the applicant and others under Sections 140(3), 308(5), and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the case. He further submits that there is delay in lodging the FIR, as the alleged incident occurred on 20.02.2026 to 24.02.2026 but the FIR has been lodged on 28.04.2026, as such there is delay of 2 months which creates serious doubt about the genuineness of the prosecution story. He further submits that applicant’s wife is suffering from breast cancer and her treatment is going on in AIIMS Raipur, and there is no other person to take care of her except the applicant. He further submits that the charge-sheet has been filled, the applicant has no previous criminal antecedents and the pplicant is in jail since 29.04.2026, further the trial is likely to take considerable time, therefore, it is prayed that applicant may be enlarged on bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. She further submits that, in compliance with this Court's order dated 12.05.2026, the concerned Superintendent of Police has filed his personal affidavit. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the present applicant, as well as the fact that the charge-sheet has already been filed before the 4 competent Court, further, the applicant has no previous criminal antecedents and that the applicant has been in jail since 29.04.2026, and the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the bail application is allowed. Let applicant, Satish Mishra, involved in Crime No. 359/2026, registered at Police Station - Sakri, District – Bilaspur (C.G.) for the offence punishable under Sections 140(3), 308(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023, 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 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 5 proceed against him in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti