1 CGHC010283242026 2026:CGHC:32096 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6748 of 2026 1 - Sumit Tandon S/o Ashok Tandon Aged About 24 Years R/o - Village Chakarbedha, Police Station Masturi, District - Bilaspur, Chhattisgarh 2 - Manjesh Khunte S/o Naresh Kumar Khunte Aged About 20 Years R/o Village Chakarbedha, Police Station Masturi, District - Bilaspur, Chhattisgarh ... Applicants Versus State Of Chhattisgarh Through Station House Officer, Police Station - Masturi District Bilaspur (C.G.) ... Respondent(s) For Applicants : Mr. Danish Ahmad Siddiqui, Advocate For Respondent(s) : Mr. Sourabh Sahu, P.L. HON'BLE SHRI RAMESH SINHA, CHIEF JUSTICE ORDER ON BOARD 27.07.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.07.28 14:35:26 +0530 2 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 206/2026 registered at Police Station- Masturi, District – Bilaspur, (C.G.) for the offence punishable under Sections 126 (2), 296, 309 (6) and 3 (5) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that on 30.03.2026 when the complainant had gone on his moped to attend a marriage function at the house of his friend, Mitan Sen Tandon. After the function, at about 11:30 PM, while the complainant was returning home on his moped, he reached near a society situated between Chakrabedha and Dangania. At that time, four boys, namely Bittu, Roshan, and two other, all residents of Chakrabedha, came in front of his moped and forcibly stopped him. They assaulted the complainant and demanded money. When the complainant informed them that he did not have any money, all four accused started abusing him in filthy language and assaulted him with a belt and fists. As a result of the assault, the complainant fell from his moped, and the accused forcibly took away ₹1,400/- kept in the pocket of his shirt. The complainant sustained injuries and suffered severe pain in his left thigh and back due to the assault. All the accused were approximately 20–22 years of age. After committing the assault and robbery, the accused also took 3 the key of the complainant's moped and fled from the spot, leaving him injured. Accordingly, the complainant lodged the present complaint before the concerned police station, seeking appropriate legal action against the accused persons in accordance with law. On the basis of the memorandum statements and other material collected during investigation, the present offence came to be registered against applicants, who were thereafter arrested in connection with the case. 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. He submits that the incident occurred at 11:30 PM in the night and the identification of the applicants under such circumstances is doubtful. No Test Identification Para (TIP) has been conducted. He further submits that no any articles have been seized from the possession of the applicants and the co-accused person namely Roshan has been enlarged on bail vide order dated 09.07.2026 passed in MCRC No. 3848 of 2026 and, therefore, the present applicants are entitled to the benefit of parity. He further submits that the charge-sheet has been filed, the applicants are in jail since 31.03.2026, and the trial is likely to take some time for its conclusion, therefore, he prays for grant of bail to the applicants. 4 4. On the other hand, learned State counsel opposes the present bail application and submits that the charge-sheet has been submitted before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the nature of allegations, the material available on record and the fact that co-accused, namely Roshan, against whom similar allegations have been levelled and whose role arises out of the same set of facts and circumstances, has already been enlarged on bail by this Court in MCRC No. 3848 of 2026 vide order dated 09.07.2026 and further the fact that the charge-sheet has been submitted before the competent Court and the applicants are in jail since 31.03.2026, the conclusion of the trial may take some more time, therefore, without expressing any opinion on the merits of the case, this Court is of the considered view that the present applicants are entitled to be released on regular bail in this case on the ground of parity. 7. 7. Let Applicant No. 1 – Sumit Tandon and Applicant No. 2 – Manjesh Khunte, involved in Crime No. 206/2026 registered at Police Station- Masturi, District – Bilaspur, (C.G.) for the offence punishable under Sections 126 (2), 296, 309 (6) and 5 3 (5) of the Bharatiya Nyaya Sanhita, 2023., 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 applicants 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 applicants 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 applicants 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 applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge 6 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 Saurabh