1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1381 of 2026 • Yogendra Chouhan @ Yogi S/o Tribhuwan Singh Chouhan Aged About 22 Years R/o Gandhi Nagar Durga Chowk, Police Station - Civil Line, District - Raipur (C.G.) --- Applicant versus • State Of Chhattisgarh Through - Station House Officer, Police Station - Pandri, District - Raipur (C.G.) --- Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Mayank Chandrakar, Advocate For Respondent/State : Mr. Sourabh Sahu, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.02.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.289/2025, registered at Police Station – Pandri Para, District –Raipur (C.G.) for the offence punishable under Sections 309(4), 3(5) of Bhartiya Nyay Sanhita (for short-BNS), 2023. 2. The case of the prosecution, is that on 25.10.2025 at about 3:00 a.m., he arrived with his truck bearing registration No. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.10 11:07:51 +0530 2 NL-01-Q-1006 from Bitthalpur, Gujarat, carrying Honda company motorcycles and scooters. As the scooters and motorcycles were to be unloaded below the Honda showroom at Mowa Bridge, he parked the truck there and was sleeping inside the truck cabin. At about 4:00 a.m., two boys opened the door of the truck cabin and entered inside. One of them was holding a sharp iron knife in his hand and pressed it against his neck, while the other started searching the cabin to loot his belongings. Out of fear, the complainant opened the cabin window glass and ran away to save himself. After some time, when he returned and checked, he found that his blue-colored bag kept in the cabin was missing. The bag contained his clothes, Aadhaar card, PAN card, cash of Rs. 9,000 and an Oppo company mobile phone of light green color with a Jio SIM number 7400944857. Near the truck, one boy was sitting on a scooter, and both boys fled together on the scooter after looting the bag, mobile phone and cash. On the basis of the said report, Police Station Pandri registered Crime No. 289/2025 under Sections 309(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and took up investigation. During the course of investigation, CCTV footage from the area around the place of incident was examined, which revealed that the present applicant Yogendra Chauhan alias Yogi, Aryan Nag and one of their associates were involved in committing the robbery. With the assistance of the ACCU Cell/Cyber Cell team, raids were conducted at the residences of the suspects. Upon being found, 3 they interrogated were and their recorded. From co- memorandum statements were accused Aryan Nag, one blue- colored pitthu bag was seized; and from accused Sumendra Sahu, one blue- colored Activa vehicle bearing registration No. CG-04-KQ 8251 and one sharp steel knife were seized. The accused persons were arrested. After completion of the entire investigation, the charge-sheet has been filed against the accused persons under Sections 309(4) and 3(5) of the Bharatiya Nyaya Sanhita, hence this bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case and there are three criminal antecedents registered against the present applicant and same are mentioned in the bail appliction. It is further submitted that the charge-sheet has been filed in this case and co-accused has also been enlarged on bail by this Court in MCRC No.466 of 2026 vide order dated 14.01.2026. The applicant is in jail since 26.10.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are three criminal antecedents registered against the present applicant. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 4 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and co-accused has also been enlarged on bail by this Court in MCRC No.466 of 2026 vide order dated 14.01.2026, charge-sheet has been filed against the applicant, the applicant is in jail since 26.10.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this bail application on the ground of parity. 7. Let applicant, Yogendra Chouhan @ Yogi involved in Crime No.289/2025, registered at Police Station – Pandri Para, District –Raipur (C.G.) for the offence punishable under Sections 309(4), 3(5) of Bhartiya Nyay Sanhita (for short-BNS), 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 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 5 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 vaishali