1 CGHC010209082026 2026:CGHC:29131 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4892 of 2026 Shailesh Bagde S/o Kishan Bagde Aged About 40 Years Presently Residing At Near Dhirpat Mandir, Gogaon, Sant Kabeer Das Ward No. 03, Gudhiyari, Police Station- Gudhiyari, District- Raipur (C.G.) Permanent R/o Luxmi Nagar, W.No. 08, Gondiya, P.S.- City Kotwali, Gondiya, District- Gondiya (Maharastra) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Chhura, District Gariyaband, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Mohammad Afroz Athar, Advocate. For Respondent(s) : Ms. Vaishali Mahilong, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in 2 connection with Crime No. 74/2025 registered at Police Station Chhura, District Gariyaband (C.G.) for the offence punishable under Sections 331(4), 310(2), 351(3), 61(2), 111(2)(b) of BNS. 2. Case of the prosecution, in brief, is that on the intervening night of 24.05.2025, a group of 7–8 masked persons allegedly trespassed into the house of the complainant, Suryakant Agrawal, at Police Station Chhura, District Gariyaband, threatened the inmates with knives, restrained them by sealing their mouths with adhesive tape, and committed dacoity by looting cash of Rs. 3,50,000/-, gold and silver ornaments worth approximately Rs. 14,70,000/-, and a mobile phone. On the basis of the said incident, FIR No. 74/2025 was registered for offences punishable under Sections 331(4), 310(2), 351(3), 61(2), and 111(2)(b) of the Bharatiya Nyaya Sanhita, 2023. During the investigation of another case registered as Crime No. 186/2025 at Police Station Sankra, District Mahasamund, the memorandum statement of co-accused Yogesh Sahu was recorded, wherein he allegedly disclosed his involvement in the present offence and named the applicant, Shailesh, as one of the participants. Acting upon the said disclosure, the applicant was arrested on 22.01.2026, and his memorandum statement was also recorded. During investigation, the applicant's mobile phone was seized, and the prosecution alleges his involvement in the commission of the alleged dacoity. Hence, the bail application. 3 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant implicated solely on the basis of the memorandum statement of the co-accused. Even after the applicant's arrest and recording of his memorandum statement, no incriminating article was recovered and no incriminating fact was discovered pursuant thereto. Thus, there is no substantive material connecting the applicant with the alleged offence. The applicant is in jail since 22.01.2026, the applicant has no criminal antecedent, charge- sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant is one of the participants in the alleged dacoity committed on the basis of the memorandum statement of co-accused Yogesh Sahu. During investigation, the applicant's mobile phone was seized, and the prosecution alleges his involvement in the commission of the offence. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant 4 since 22.01.2026, the fact that though the applicant was allegedly participated in the alleged dacoity, as revealed from the memorandum statement of the co-accused, Yogesh Sahu, and that his mobile phone was seized during the investigation, indicating his alleged involvement in the commission of the offence, but considering the fact that the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Shailesh Bagde, involved in Crime No. 74/2025 registered at Police Station Chhura, District Gariyaband (C.G.) for the offence punishable under Sections 331(4), 310(2), 351(3), 61(2), 111(2)(b) of BNS, be released on bail on his furnishing a personal bond with two local 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. 5 (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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil