1 CGHC010228372026 2026:CGHC:31298 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5615 of 2026 Sharad Choudhry S/o Dinesh Choudhry, Aged About 24 Years Occupation - Private Job, Residence Of Darripara P. S. And Tahsil Ambikapur District - Sarguja C. G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P. S. Sadar Ambikapur District - Sarguja (C.G.) ... Non-Applicant For Applicant : Shri Apoorva Tripathi, Advocate. For Non-Applicant : Smt. Smriti Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22/07/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.71/2026 registered at Police Station Ambikapur District Sarguja (C.G.) for offence under Sections 296, 351 (3), 115 (2), 190, 191 (2), 127 (7), 310 (2), 135 of the BNS. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.23 19:35:40 +0530 2 2. The prosecution case, in brief, is that the complainant, Arup Das, along with his companion, Arun Sao, had come from Kolkata to Ambikapur in connection with the fish business. On 03.02.2026, while they were proceeding to inspect fish ponds, the present applicant along with other co-accused persons allegedly intercepted them on motorcycles, abused and threatened them, forcibly took them to an unknown place, wrongfully confined them throughout the night, and robbed them of cash, mobile phones and a purse. It is further alleged that the accused compelled the complainant to transfer money through ATM withdrawals and PhonePe transactions. Thereafter, the complainant and his companion were released on 04.02.2026. On the basis of the report, the police registered the crime, conducted investigation, and after completion thereof, filed the charge-sheet against the present applicant and a co-accused for the aforesaid offences. Hence, the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. Co-accused has already been released on bail by this Court vide order dated 2.7.2026 passed in MCRC No.5857/2026. The applicant does not have any criminal antecedent. The applicant is in jail since 5.2.2026. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the 3 applicant has one criminal antecedent and the charge sheet has been submitted against the applicant. Therefore, the bail application may be rejected. 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, and the fact that the charge sheet has already been submitted against the applicant, co-accused has already been released on bail by this Court vide order dated 2.7.2026 passed in MCRC No.5857/2026, the applicant has only one criminal antecedent and he is in jail since 5.2.2026 and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Sharad Choudhry, involved in Crime No.71/2026 registered at Police Station Ambikapur District Sarguja (C.G.) for offence under Sections 296, 351 (3), 115 (2), 190, 191 (2), 127 (7), 310 (2), 135 of the BNS, 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 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, 4 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 his absence, without sufficient cause, the trial court may proceed against them 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 applicants are 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 5 against them 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. Sd/- (Ramesh Sinha) Chief Justice Barve