1 CGHC010235092026 2026:CGHC:28927 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6160 of 2026 • Hemant Thakur Alias Hukum S/o Lt. Bhikham Nishad Aged About 32 Years R/o Ward No. 02, Baghmara, Police Station Gunderdehi, District Balod (C.G.) ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Gunderdehi, District Balod (C.G.) (Particular Of The Non-Applicant Is Not Properly Mentioned In The Cause Title) ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Avinash Chand Sahu, Advocate. For State/Non-applicant : Ms. Anusha Naik, Deputy G.A. 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.94/2026 registered at Police Station Gunderdehi, District Balod (C.G.) for the offence punishable under Section 309(6) of BNS, 2023. 2. According to the prosecution, on 06/03/2026 at about 2:38 pm the complainant has lodged a report at concerned police Station against the present applicant and other co-accused persons stating that on 05/03/2026 at about 1.00 pm the complainant had gone to Baghumera DEEPTI JHA Digitally signed by DEEPTI JHA 2 stop Dam to take bath when the applicant and other co-accused persons started abusing the complainant. When the complainant objected them the accused persons assaulted him and also looted ring and money of Rs.8300/-. Thereafter, the complainant has lodged report against the applicants and other co-accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and have been falsely implicated in the present case. It is submitted that the alleged incident took place during the Holi festival, when the complainant was under the influence of alcohol and started abusing the applicant and other co-accused persons, which led to a dispute between the parties. It is further submitted that the applicant and the complainant are residents of the same village and have a history of prior disputes, and owing to such enmity, the complainant lodged a false report against the applicant on the following day of the incident. Learned counsel further contends that the prosecution story is inherently improbable, in as much as during the Holi festival people generally do not wear gold ornaments or carry substantial amounts of money, thereby rendering the allegations doubtful. It is also submitted that the applicant is in judicial custody since 08.04.2026, the investigation has been completed, and the charge-sheet has already been filed before the learned trial Court. He further submits that co- accused persons have already granted bail by this Court vide order dated 22.06.2026 in MCRC No.5460/2026, therefore, applicant may be enlarged on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant opposes the bail application and submits that the charge- 3 sheet has already been filed before the competent Court and that applicant has one criminal antecedent. Therefore, the applicant is not entitled to the 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, the nature and gravity of the allegations levelled against the applicant, the fact that he has no criminal antecedents, and also considering that the charge-sheet has been filed before the competent Court and that the applicant is in judicial custody since 08.04.2026, and further that the conclusion of the trial is likely to take considerable time, I am inclined to grant regular bail to the present applicants. 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Hemant Thakur, involved in Crime No.94/2026 registered at Police Station Gunderdehi, District Balod (C.G.) for the offence punishable under Section 309(6) of BNS, 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/she 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him/her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of 4 bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her, 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/her 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 Deepti Jha