1 CGHC010262792026 2026:CGHC:30630 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6391 of 2026 Ramkumar Nayak S/o Devdhar Nayak Aged About 40 Years R/o Madhubanpara, Thana- City Kotwali, District- Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station - Chakradhar Nagar, District- Raigarh (C.G.) ... Respondent(s) For Applicant(s) : Mr. Nitesh Sahu, Advocate. For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/07/2026 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. 86/2026 registered at Police Station Chakradhar Nagar, District- Raigarh (C.G.) for the offence punishable under Sections 304, 309(4), 204, 3(5) of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the complainant, Reshmi Nishad, lodged a report at Police Station Chakradhar Nagar, District Raigarh, stating that on 06.03.2026, at about 11:00 A.M., she, along with her grandmother, Ramkunwar Nishad, had travelled from Village Sambalpuri to Parsada by Maa Mangala Company bus to attend the wedding of her brother, Rajesh Nishad. At about 11:30 A.M., after alighting near Signal Chowk, they were proceeding on foot towards Sarangarh Bus Stand via Marine Drive Panjri Plant to board another bus. At that time, two unknown persons arrived on a scooter, introduced themselves as police personnel investigating an accident, and asked them to produce their Aadhaar cards. Taking advantage of the situation, one of the accused allegedly snatched the gold necklace worn by Ramkunwar Nishad, valued at approximately Rs.85,000/-, and both accused attempted to flee on scooter bearing registration No. CG-13-AT-9561. When the complainant and her grandmother tried to apprehend them, one of the accused, wearing a red T- shirt, allegedly pushed Ramkunwar Nishad, whereafter both accused escaped. On the basis of the said report, a crime was registered at Police Station Chakradhar Nagar and investigation was set in motion. 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 co-accused, Chamar Singh Yadav @ Prakash Yadav, from whose possession seizure 3 of gold chain has been made has already been granted bail by this Court vide order dated 09.07.2026 passed in MCRC No.3914 of 2026, whereas from the possession of present applicant not seizure of any incriminating article has been made, hence the case of present applicant is better than that of the said co- accused. The applicant is in jail since 06.03.2026, the applicant has no criminal antecedent, 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 along with the co-accused, allegedly impersonated a police officer, induced the complainant and her grandmother to produce their Aadhaar cards on the pretext of investigating an accident, dishonestly snatched the gold necklace of the complainant's grandmother valued at approximately Rs.85,000/-, and fled from the spot on a scooter. Therefore, the applicant is not entitled for 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, nature and gravity of offence, period of detention of the applicant since 06.03.2026, the fact that though the applicant is alleged to have, along with the co-accused, impersonated a police officer, 4 snatched the gold necklace of the complainant's grandmother, and fled from the spot in furtherance of their common intention, but considering the fact that the co-accused, Chamar Singh Yadav @ Prakash Yadav, from whose possession a gold chain was allegedly seized, has already been enlarged on bail by this Court vide order dated 09.07.2026 passed in MCRC No. 3914 of 2026, whereas no incriminating article has been recovered or seized from the possession of the present applicant, thus the case of the present applicant stands on a better footing than that of the aforesaid co-accused, who has already been granted the benefit of bail, further the applicant has no criminal antecedent and charge-sheet has been filed, 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-Ramkumar Nayak, involved in Crime No. 86/2026 registered at Police Station Chakradhar Nagar, District- Raigarh (C.G.) for the offence punishable under Sections 304, 309(4), 204, 3(5) 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 5 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 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 Akhil