1 CGHC010264482026 2026:CGHC:29930 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6288 of 2026 Nitin Dhruw S/o Late Bisen Dhruw Aged About 20 Years R/o Near Circus Ground, Bhatapara, Presently R/o Shitla Chowk Mathpara, Police Station Tikrapara, District- Raipur, (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Mujgahan, District – Raipur, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Jeet Patel, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.07.2026 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. 76/2026, registered at Police Station – Mujgahan, District – Raipur (C.G.) for the offence punishable under Sections 309(6), 310(2) and 74 of the BNS and Section 25 of the Arms Act. 2. The case of the prosecution, is that on 08.04.2026, the complainant bhushan Sahu was going from Bhatagaon to Sejbahar in motorcycle with his niece Santoshi Sahu and Divya Bharti at about 1:30 in the night, the petrol of the motorcycle got exhausted near Sejbahar Garden, the complainant called Devi Singh Jatav and asked for petrol and after filing petrol In his motorcycle, he started at the same time, RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 four boys on two motorcycles came near Shubham Auto Parts and took away the keys of the motorcycle of the complainant and one boy threatened to kill him by showing a knife, the complainant and other witnesses tried to intervene, one of boys started beating them with a wooden stick in his hand and snatched the chain worn around the neck of Pinky @ Divya Bharti and two mobile as Vivo and Nokia Mobile also took away the complainant's motorcycle and fled away. On the report, a case was registered under section 309(6) BNS and investigation was taken up, during the investigation, the complainant and the witnesses were questioned about the incident, who told that the accused were five boys on two motorcycles, On the statement of the complainant witnesses, the offence under section 310(2), 74 BNS and 25 of Arms Act was found to have occurred in the case, section was added, while searching for the unknown accused, on 11.04.2026, five boys were found, who were summoned, on detailed interrogation, they admitted to having committed the crime with the complainant and his friends on 08.04.2026 at night, three suspects namely Krishna Namdev, Vasudev Yadav and Shiv Nishad were found minors, after completion of inquiry, the charge-sheet was filed before the trial Court. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that no such recovery has been made from the possession of the applicant. The applicant is in jail since 11.04.2026 3 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, the charge-sheet has been filed in this case, and the applicant is not entitled for grant of 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 there is no criminal antecedents registered against the present applicant, the charge-sheet has been filed in this case and no such recovery has been made from the possession of the applicant, the applicant is in jail since 11.04.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant – Nitin Dhruw, involved in Crime No. 76/2026, registered at Police Station – Mujgahan, District – Raipur (C.G.) for the offence punishable under Sections 309(6), 310(2) and 74 of the BNS and Section 25 of the Arms Act, 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. 4 (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 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 Rajshekhar