1 CGHC010172342026 2026:CGHC:28971 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4059 of 2026 Govind Patel S/o. Raju Patel Aged About 21 Years R/o. Village Basantpur, Dafaai Amlai, Police Station- Chachai, District- Anuppur (M.P.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Darima, District- Surguja (C.G.) ... Respondent For Applicant : Mr. Sajal Kumar Gupta, Advocate. For Respondent : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 41/2026, registered at Police Station – Darima, District Surguja (C.G.) for the offence punishable under Section 309 (3) of BNS, 2023. 2. The case of the prosecution, is that the 10.02.2026 at about 10.35 AM, the complainant received a phone call on his mobile from a person stated to be the owner of a puncture shop, who requested him to come 2 near the old bus band for the purpose of travelling certain persons to Mainpat. Upon reaching the said location in his Scorpio vehicle bearing registration No. CG 16-CJ-5333, the complainant was approached by four unknown persons, who loaded their bags into his vehicle and all five persons proceed towards Mainpat. After reaching there, they roamed around various tourist spots at Mainpat. It is alleged at about 5 PM while returning, when the complaint stopped the vehicle, two of the said persons got down and in the meantime, one of the persons sitting in the rear seat allegedly attacked the complainant by putting belt around his neck and attempting to strangulate him. The complainant somehow ran away the roadside to save his life, thereafter, accused persons allegedly fled away from the spot by taking away the complainant's scorpio vehicle. On the basis of aforesaid facts, FIR has been registered against the unknown persons. 3. Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question, as there is no specific overt act attributed to the present applicant. He submits that seizure of stolen vehicle has not made from the applicant and even his name does not find place even in the FIR and he made an accused in this case subsequently on the basis of suspicion. He submits that the applicant is in custody since 19.02.2026 and charge-sheet has already been filed and conclusion of the trial is likely to take some long time, hence, the applicant may be enlarged on bail. 4. Counsel for the State opposes the bail application filed by the applicant stating that the two criminal antecedents have been reported against the applicant and he is habitual offender, therefore, he is not entitled to 3 be released on bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the charge-sheet has been filed in this case, the applicant is in jail since 19.02.2026 ; and conclusion of the trial is likely to take some time, without expressing any opinion on the merits of the case, I am inclined to allow this application. 7. Let applicant – Govind Patel, involved in Crime No. 41/2026, registered at Police Station – Darima, District Surguja (C.G.) for the offence punishable under Section 309 (3) of BNS, 2023, 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. (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 4 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. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.07.13 15:32:49 +0530