1 CGHC010186712026 2026:CGHC:30014 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4383 of 2026 Hemant @ Kanha Agrawal S/o- Rajkumar Agrawal, Aged About 25 Years R/o- Ward No. 10, Ansula, Police Station Sankara, District- Mahasamund (C.G.) (Father Name Wrongly Mention In Order Sheet) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station Chhura, District- Gariyaband (C.G.) ... Respondent(s) For Applicant(s) : Mr. Suresh Tandan, Advocate. For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/07/2026 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 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. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Case of the prosecution, in brief, is that on 24.05.2025, the complainant, Suryakant Agrawal, lodged a report alleging that while he, his mother, and his two children were sleeping in the hall at about 1:00 A.M., his mother raised an alarm. Upon reaching the spot, the complainant allegedly found that 7–8 unidentified persons with their faces covered had forcibly entered the house. It is alleged that the assailants placed a knife on the complainant's mother's neck, threatened to kill the family if they raised any alarm, and restrained the complainant, his mother, and his two children by tying their mouths, hands, and legs with cello tape. Thereafter, the assailants allegedly broke open the locker of the almirah and decamped with cash amounting to Rs.3,50,000/-, gold and silver ornaments valued at approximately Rs.14,70,000/-, and one mobile phone. On the basis of the said report, the police registered the present crime against the applicant and other co-accused persons for the aforesaid offences. Hence, the bail application. 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 identically situated co- accused, namely, Shailesh Bagde has already been granted bail by this Court vide orders dated 10.07.2026 passed in MCRC Nos.4892 of 2026. The applicant is in jail since 06.02.2026, the applicant has one criminal antecedent of the year 2025 under the BNS, against which the applicant has preferred bail application 3 bearing MCRC No.3584 of 2026 and the same was allowed by this Court on 13.07.2026, further the 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. He further submits that the applicant was one of the participants in the alleged dacoity and house trespass, and is alleged to have acted in furtherance of the common intention of the co-accused in committing the robbery of cash, gold and silver ornaments, and a mobile phone from the complainant's house, but could not dispute the fact that co-accused, namely, Shailesh Bagde has already been granted bail by this Court. 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 since 06.02.2026, the fact that though the applicant is alleged to have actively participated in the commission of the alleged dacoity and house trespass and in furtherance of the common intention of the co-accused, committed the robbery of cash, gold and silver ornaments and a mobile phone from the complainant's house but considering the fact that co-accused, namely, Shailesh Bagde has already been granted bail by this Court vide orders dated 4 10.07.2026 passed in MCRC Nos.4892 of 2026 and the case of present applicant is identical to that of the said co-accused, further the applicant has one criminal antecedent of the year 2025 under the BNS, against which the applicant has preferred bail application bearing MCRC No.3584 of 2026 and the same was allowed by this Court on 13.07.2026, the charge-sheet has been filed, as such, 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. Let the Applicant-Hemant @ Kanha Agrawal, 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 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 Kunal