1 CGHC010223162026 2026:CGHC:31280 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5562 of 2026 Jaipal Lakra S/o Chamru Lakra Aged About 45 Years R/o Village Mahadev Dand, Bisbahri Thana Bagicha District- Jashpur (C.G.) Present Address- Godhanpur Mariyanus Ka Makan Ambikapur, District- Sarguja (C.G.) ...Applicant versus State Of Chhattisgarh Through- Police Station Gandhinagar, District- Sarguja (C.G.) ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. G.A. 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. 72/2026, registered at Police Station – Gandhinagar, District - Sarguja (C.G.) for the offence punishable under Section 309(4) of the BNS. 2. The prosecution case, in brief, is that on 09/02/2026 the complainant VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.23 11:03:26 +0530 2 namely Amod Kumar Ekka who is security guard of Punjab Sind Bank Branch Ambikapur has lodged written report at Police Station Gandhinagar District Sarguja against the unknown person stating that when he was going on duty he asked someone to give lift thereafter unknown person looted the gun and ran away. Thereafter the complainant has lodged report against the unknown person. After investigation police has arrested the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the complainant has lodged a false report, as he himself had sought a lift from the applicant, making the prosecution version inherently doubtful. It is further submitted that the complainant was under the influence of alcohol and was misbehaving with the applicant, and when the applicant objected to such conduct, a false case was lodged against him. The FIR was lodged after a delay of one day without any satisfactory explanation, and no alleged looted article has been recovered from the possession of the applicant. The applicant has remained in judicial custody since 10.02.2026, and his continued detention is not warranted. Accordingly, the applicant deserves to be enlarged on regular bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and 3 gravity of the allegations levelled against the present applicant, the fact that the charge-sheet has already been filed before the competent Court, that the applicant has no criminal antecedents, and that the applicant has been in judicial custody since 09.02.2026, coupled with the fact that the conclusion of the trial is likely to take some time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Jaipal Lakra, involved in Crime No. 72/2026, registered at Police Station – Gandhinagar, District - Sarguja (C.G.) for the offence punishable under Section 309(4) of the BNS, be released on bail on furnishing 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 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav