1 CGHC010228542026 2026:CGHC:31243 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5490 of 2026 Jayprakash Patel Son Of Punaram Patel, Aged About 19 Years R/o. Nirtu, Police Station Koni, District Bilaspur (C.G.), ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Koni, District Bilaspur (C.G.), ... Non-Applicant For Applicant : Mr. Sumit Singh Rathore, Advocate For Non-Applicant/State : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.07.2026 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. 266/2026 registered at Police Station - Koni, District - Bilaspur, (C.G.) for the offence punishable under Sections 309(4), and 3(5) of Bharatiya Nyaya Sanhita, 2023. (for short ‘BNS’) 2. Case of the prosecution, in brief, is that the complainant Harmendra Sahu lodged a report alleging that on 27.05.2026, his harvesting machine had broken down and he remained engaged in its repair work till late in the night. Thereafter, at about 12:30 A.M. on RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 28.05.2026, while proceeding on his motorcycle to obtain food, and when he reached near Mopka Bypass Road on the way to Village Sendri, certain unknown persons allegedly attempted to stop his motorcycle. When the complainant did not stop, the said persons allegedly kicked his motorcycle, causing him to fall on the road. It is further alleged that thereafter the assailants assaulted him with fists, kicks and a belt, and forcibly took away his mobile phone and cash amounting to Rs. 10,000/-. On the basis of the said report, the police registered the offence and commenced investigation. During the course of investigation, the memorandum statement of co- accused Aniket Patel was recorded, wherein he allegedly disclosed that he, along with the present applicant and other co-accused persons, had committed the robbery and thereafter distributed the looted amount amongst themselves. On the basis of the said memorandum statement and other material collected during investigation, the present applicant came to be implicated and arrested in the matter. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant has neither committed nor participated in the alleged offence and has been arraigned as an accused merely on the basis of the memorandum statement of a co-accused person recorded during the course of investigation. He further submits that no stolen property, cash, mobile phone, or any other incriminating article connected with the alleged incident has been recovered or seized from the possession of the applicant, and there 3 is no independent material available on record to connect him with the commission of the alleged offence. It is also submitted that the implication of the applicant rests solely upon the disclosure statement of the co-accused, which by itself is insufficient to establish his involvement in the crime. He further submits that the present applicant has no criminal antecedent, he is in jail since 01.06.2026, charge-sheet has been filed before the competent Court 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 appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant has been implicated during the course of investigation on the basis of material collected by the prosecution, including the memorandum statement of the co-accused, which reveals his participation in the commission of the offence. It is contended that the allegations against the applicant pertain to a serious offence involving robbery and assault committed in furtherance of a common intention, wherein the complainant was intercepted on a public road, physically assaulted, and deprived of his mobile phone and cash. He further submits that the investigation has disclosed the active involvement of the applicant in the incident and that the evidence collected by the prosecution prima facie supports the case against him. Therefore, it is prayed that the present bail application deserves to be rejected. 4 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 that though the allegations against the applicant are that he, along with the co-accused persons, intercepted the complainant on the road, assaulted him with fists, kicks and a belt, and thereafter robbed him of his mobile phone and cash amounting to Rs.10,000/-, but also considering the fact that the injured has received injuries which are simple in nature not in a grievous injuries, further the applicant has no criminal antecedents, he is in jail since 01.06.2026, and charge-sheet has been filed in the present case, and conclusion of the trial may take some time, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant- Jayprakash Patel, involved in Crime No. 266/2026 registered at Police Station - Koni, District - Bilaspur, (C.G.) for the offence punishable under Sections 309(4), and 3(5) of Bharatiya Nyaya Sanhita, 2023, 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 5 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 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 Rahul Dewangan