1 CGHC010194642026 2026:CGHC:28587 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4668 of 2026 Gautam Sahu S/o. Late Gopal Sahu Aged About 20 Years R/o. Dhengurnala, Kohadiya, Police Chowki - C.S.E.B. Korba, Thana- Civil Line Rampur, Dist.- Korba (C.G.) ... Applicant versus State of Chhattisgarh Through – Chowki - C.S.E.B. Thana- Civil Line, Rampur Korba Dist.- Korba (C.G.) ... Non-applicant For Applicant : Mr. Sanjay Patel, Advocate. For Non-Applicant/State : Mr. Vinod Tekam, Govt. Advocate. 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 the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 03/2026 registered at Police Chowki – CSEB, Police Station – Civil Line, Rampur, District – Korba (C.G.), for the offences punishable under Sections 310(2), 126(2), 296, 115(2), 351(3), 324(4) of the Bhartiya Nyay Sanhita (BNS) and Section 25 and 27 of the Arms Act. 2. The prosecution story, in brief, is that the complainant submitted a written report stating that he was engaged in the transport business. On ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.10 11:02:21 +0530 2 01.01.2026, at about 4:30 p.m., the complainant, along with his friend Vikas Agrawal, left the Dullapur site for their home in a car bearing Registration No. CG-13-AW-5130. At about 8:30 p.m., when they reached near the canal of the 200 MW Plant at Dengurnala, they allegedly saw a number of boys standing on the road, assaulting passers-by with belts and clubs. Some of the boys were also armed with knives and daggers. It is alleged that the said persons stopped the complainant’s car, broke the driver’s side window, forcibly dragged the complainant out of the vehicle, assaulted him with belts, and robbed him of Rs. 6,000/- from his pocket. On the basis of the aforesaid written report, an FIR was registered for the offences mentioned hereinabove. The present applicant was subsequently arrested on the basis of the memorandum statement of a co-accused. Upon completion of the investigation, the police filed the charge sheet before the competent Court. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the present case. He submits that the applicant was not named in the FIR. The applicant was arrested solely on the basis of the memorandum statement of co-accused Sonmani Banjare recorded under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023. No Test Identification (TI) Parade was conducted by the prosecution. He further submits that the applicant was not present at the place of the alleged incident, as he had gone to attend the funeral of one of his relatives. He also submits that the applicant's house is situated near the place of the alleged incident. The other co-accused are habitual offenders who used to harass passers-by, and the applicant had made several oral complaints against them. Owing to such complaints, the co-accused developed enmity towards the applicant and falsely implicated him by 3 naming him in their memorandum statement. Significantly, the name of the applicant does not find place in the FIR. He further submits that no criminal antecedents are pending against the present applicant. The applicant has been in judicial custody since 02.01.2026, and as the conclusion of the trial is likely to take some time, he deserves to be enlarged on regular bail. Accordingly, he prays for grant of regular bail to the present applicant. 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 and the fact that no criminal antecedents are pending against the present applicant, furthermore, the charge-sheet has already been submitted before the competent Court in the present case and the applicant has been languishing in jail since 02.01.2026, conclusion of the trial may take some more time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Gautam Sahu, involved in Crime No. 03/2026 registered at Police Chowki – CSEB, Police Station – Civil Line, Rampur, District – Korba (C.G.), for the offences punishable under Sections 310(2), 126(2), 296, 115(2), 351(3), 324(4) of the Bhartiya Nyay Sanhita (BNS) and Section 25 and 27 of the Arms Act, 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 4 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 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