1 CGHC010221932026 2026:CGHC:29147 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5546 of 2026 Pawan Nishad S/o Sonuram Nishad Aged About 35 Years R/o Ward No. 02 Baghmara, Police Station Gunderdehi, District Balod Chhattisgarh ... Applicant Versus State Of Chhattisgarh Through The District Magistrate Balod, Station House Officer, Police Station Gunderdehi, District Balod Chhattisgarh (Particular Of The Non-Applicant Is Not Properly Mentioned In The Cause Title) ... Respondent(s) For Applicant : Mr. Avinash Chand Sahu, Advocate For Respondent(s) : Ms. Ankita Shukla, P.L. HON'BLE SHRI RAMESH SINHA, CHIEF JUSTICE ORDER ON BOARD 10.07.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he is arrested in connection SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.07.13 11:26:23 +0530 2 with Crime No. 94 of 2026 registered at Police Station – Gunderdehi, District: Balod (C.G.), for the offence under Section 309 (6) of B.N.S. 2. That, the prosecution story, in brief, is that 05.03.2026 at about 01:00 PM, complainant Sanjeev Sonkar was allegedly taking bath after celebrating holy festival near Baghmara stop dam and at the same time he was intercepted by certain persons namely Lal Singh Rajput, Laxman Rajput, Komal Rajput and some other persons who allegedly assaulted him and took away a gold ring, gold chain and cash amount. On the basis of the report, the present crime has been registered against the applicant. Hence this application. 3. Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the present case and is under incarceration since 08.04.2026. He submits that the name of applicant does not find place in the FIR and the implication of applicant is primarily based upon memorandum statements recorded during investigation. He further submits that charge-sheet has been filed, there is no criminal antecedents against the applicant and conclusion of trial is likely to take quite some time, therefore, he may be granted bail. 4. On the other hand, learned counsel for the State opposes the 3 bail application and submits that the charge sheet has been filed before the competent Court. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the submissions advanced by learned counsel for the parties, the nature of the allegations, the fact that the applicant has been in jail since 08.04.2026, there is no criminal antecedents against the applicant, charge-sheet has been filed, trial will take considerable time to conclude, and without commenting on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the application is allowed. 7. Let Applicant- Pawan Nishad involved in Crime No. 94 of 2026 registered at Police Station – Gunderdehi, District: Balod (C.G.), for the offence under Section 309 (6) of B.N.S. 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 4 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 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 Saurabh