1 CGHC010283092026 2026:CGHC:32089 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6761 of 2026 Abhishek Kumar Sahu S/o Nehru Lal Sahu, Aged About 22 Years R/o Behing Veterinary Hospital Atal Nagar Gokul Nagar, District Raipur (C.G.) ... Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station - Tikrapara, District Raipur (C.G.) ... Respondent(s) For Applicant : Mr. Gaurav Singhal, Advocate For Respondent(s) : Ms. Palak Dwivedi, P.L. HON'BLE SHRI RAMESH SINHA, CHIEF JUSTICE ORDER ON BOARD 27.07.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he is arrested in connection with Crime No. 416 of 2026 registered at Police Station – Tikrapara, District: Raipur (C.G.), for the offence under Section 281 and 309 (6) of B.N.S. SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.07.28 14:35:26 +0530 2 2. That, as per the prosecution story in brief, the complainant/prosecution is a resident of Rawabhata Bajrang Chowk, Khamtarai, Raipur, and is engaged in the work of water tank cleaning. It has been alleged that on 12.05.2026, the complainant, along with his friend Dilip Patel, had gone to Kamal Vihar for purchasing tiles on his motorcycle bearing registration No. CG04QP0821. At about 12:15 PM, upon reaching in front of Kamal Hotel, Kamal Vihar, two unknown boys riding an Activa scooter, allegedly driving the said vehicle rashly and negligently, collided with the side of the complainant’s motorcycle, resulting in an accident. It is further alleged that thereafter the said boys started demanding money from the complainant on the pretext that their vehicle had been damaged. When the complainant stated that there was no fault on his part, the said boys made a phone call and called their other associates, who arrived at the spot on a motorcycle and immediately started abusing the complainant and his friend Dilip Patel in filthy language. When the complainant objected to such abuse, the accused persons allegedly extended threats to kill him and assaulted the complainant and his friend with fists and a plastic pipe. It is further alleged that the accused persons forcibly took the complainant and his friend to an isolated place within Kamal 3 Vihar, where all four persons, who were addressing each other by the names Arif, Abhishek, Sahil, and Loknath, continued to assault the complainant and his friend Dilip Patel with fists and a plastic pipe. It is alleged that the accused persons forcibly took away a sum of Rs. 15,350/- kept in the complainant’s pocket. Thereafter, the complainant and his friend, out of fear, fled from the spot on their motorcycle and reached Kamal Hotel. It is further alleged that due to the said assault, the complainant suffered pain in his back and waist and thereafter informed his friend Raju Sahu about the incident. A copy of the FIR is annexed herewith as ANNEXURE A/2. Hence this application. 3. Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the present case and is under incarceration since 14.05.2026. He submits that there is no motive/intention of the applicant to commit the above mentioned crime. He further submits that charge-sheet has been filed, there is no criminal antecedents against the applicant and conclusion of trial is likely to take quite some time, therefore, he may be granted bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the charge sheet has been filed before the competent Court. 4 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the submissions advanced by learned counsel for the parties, the nature of the allegations, the fact that the applicant has been in jail since 14.05.2026, there is no criminal antecedents against the applicant, charge-sheet has been filed, trial will take considerable time to conclude, and without commenting on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the application is allowed. 7. Let Applicant- Abhishek Kumar Sahu involved in Crime No. 416 of 2026 registered at Police Station – Tikrapara, District: Raipur (C.G.), for the offence under Section 281 and 309 (6) of B.N.S. 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. (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. 5 (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 Saurabh