1 CGHC010255982026 2026:CGHC:32094 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6751 of 2026 Somnath Alias Malikram S/o Dhaniram Sansena Aged About 26 Years R/o Village Bade Dumarpali, P.S. Kharsia, District Raigarh, C.G. ... Applicant Versus State Of Chhattisgarh Through P.S. Kharsia, District Raigarh C.G. ... Respondent(s) For Applicant : Mr. F.S. Khare, Advocate For Respondent(s) : Ms. Nupur Trivedi, 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’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 124/2026 registered at Police Station- Kharsia, District - Raigarh, (C.G.) for the offence punishable under Section 309 (4) of the Bharatiya SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.07.28 14:35:26 +0530 2 Nyaya Sanhita, 2023. 2. According to the prosecution, the complainant, Mithun Kumar Yadav, lodged a written report at Kharsia Police Station stating that on 27.02.2026, while returning from Adani Mines, Tamnar, after loading coal for Robertson, he was intercepted around 2:30 a.m., about 2 km before Robertson, by the accused. The accused allegedly stopped his motorcycle in front of the complainant's trailer, pulled him out by his collar, assaulted him, and robbed ₹10,000 from his pant pocket. Thereafter, the accused forcibly took the complainant on his motorcycle to a roadside garden, where he was confined until morning. At about 6:40 a.m., the accused allegedly took the complainant to Punjab National Bank, Qish Branch, Chaple, threatened him, and compelled him to withdraw ₹35,000. The complainant withdrew ₹32,000 and handed it over to the accused. During the journey, the complainant secretly informed his employer over the phone about the incident and his location. The employer identified the accused as Somnath Dansena, a resident of Bade Doomarpali. On seeing the employer, the accused allegedly fled from the spot. Out of fear, the complainant returned to his native village in Bihar on the same day and later informed his employer about the entire incident. A formal report was lodged at Kharsia Police 3 Station on 21.03.2026. Based on the complaint, Crime No. 124/2026 was registered under Section 309(4) of the Bharatiya Nyaya Sanhita (BNS) against the applicant. Hence this 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 submitted that the alleged incident occurred on 27.02.2026, whereas the FIR was lodged only on 21.03.2026, resulting in an unexplained delay of about one month in lodging the FIR. It is further submitted that, on the date of the alleged incident, the complainant had collided with the applicant's motorcycle, and when the applicant asked him to compensate for the damage caused to the motorcycle, the complainant falsely implicated the applicant in the present case out of vengeance. Learned counsel further submits that the investigation has been completed and the charge sheet has already been filed. The applicant has been in judicial custody since 21.03.2026, and the trial is likely to take considerable time to conclude. Therefore, it is prayed that the applicant be enlarged on bail. 4. On the other hand, learned State counsel opposes the present bail application and submits that the charge sheet has already been filed before the competent Court. It is 4 further submitted that the applicant has six criminal antecedents. Out of these, he has been acquitted in four cases, while in the remaining two cases, no charge sheet has yet been filed. All the cases are registered at Police Station Kharsia, District Raigarh, which reflects the applicant's criminal propensity. It is further submitted that, considering the nature and gravity of the allegations, the applicant's criminal antecedents, and the likelihood of his indulging in similar offences if released on bail, the applicant is not entitled to the grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the nature of the allegations, the material available on record, the nature and gravity of the offence, the fact that the charge sheet has already been filed, and that the applicant has been in judicial custody since 21.03.2026, this Court has also considered the applicant's criminal antecedents. The applicant has six criminal antecedents, out of which four have been satisfactorily explained in the present bail application. Further, since the investigation is complete, the charge sheet has been submitted before the competent Court, and the applicant has remained in custody since 21.03.2026, while the conclusion of the trial is likely to take 5 considerable time, this Court, without expressing any opinion on the merits of the case, is of the considered view that the applicant deserves to be released on regular bail. 7. Let the Applicant – Somnath @ Malikram, involved in Crime No. 124/2026 registered at Police Station- Kharsia, District - Raigarh, (C.G.) for the offence punishable under Section 309 (4) 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 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 6 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 Saurabh