1 2026:CGHC:1287 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 146 of 2026 1 - Manish Kumar Banwa S/o Rameshwar Prasad Banwa Aged About 23 Years R/o - Village Afreed Thana Saragaon, Presently Residing Behind Lucky Dairy, Janjgir, Thana And Tehsil Janjgir, Dist. Janjgir-Champa, Chhattisgarh 2 - Chetanya Dinkar Alias Chaman S/o Devanand Dinkar Aged About 19 Years R/o Village Taga, Thana Mulmula, Dist Janjgir-Champa, Chhattisgarh 3 - Hitesh Dinkar S/o Devanand Dinkar Aged About 21 Years R/o Village Taga, Thana Mulmula, Dist Janjgir-Champa, Chhattisgarh ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station - Janjgir, District - Janjgir-Champa, Chhattisgarh ... Non-applicant For Applicants : Mr. Mateen Siddiqui, Advocate. For Non-Applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.01.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.09 12:50:33 +0530 2 applicants who have been arrested in connection with Crime No. 907/2025 registered at Police Station - Janjgir District – Janjgir - Champa (C.G.), for the offence punishable under Sections 331(4)(5), 305(A), 310(4), 312, 296, 351(2) read with Section 3(5) of the BNS 2023 and Section 25 of the Arms Act. 2. As per the prosecution's story, on 04.10.2025 the complainant around 08:30 PM closed his shop and slept after having his dinner. That, around 2 AM middle in the night the complainant heard the sound that someone is trying to break the front shatter of the super market. Thereafter, the complainant with his father Chaganlal Agrawal went outside the house to check, and they found three masked persons are trying to break the lock of the super market. The complainant sought on them, then those 3 masked people ran away from there. And during the patrolling the police authority arrested the present applicants were arrested and on the basis of the written complainant present applicants were booked in the present case further during the investigation the applicant no.1 namely Manish Kumar Banwa stated that he has taken the pistol from the co-accused namely Jitendra Dinkar & round of the pistol was taken from the co-accused Tarun Suryawanshi. That thereafter offenceUnder Section 331(4)(5), 305(A), 310(4), 312, 296, 351(2) read with section 3(5) of Bhartiya Nyay Sanhiyta, 2023 & under section 25 of Arms Act was registered of the present applicants and investigation was initiated. 3. Learned Counsel for the applicants submits that the present applicants have been falsely implicated in this case as the entire prosecution story is based merely on suspicion, the initial complaint itself having been 3 lodged against unknown persons. The FIR dated 05.10.2025 does not disclose any direct evidence connecting the applicants with the alleged offence, yet they were arbitrarily arrested while they were proceeding to their relative’s house at Village Taga near Jagmahant Murra Bhata, Bhantapara Kera Road, Janjgir. The continued detention of the applicants is unjustified, particularly when Applicant Nos. 2 and 3 have suffered a family bereavement due to the death of their grandmother, Late Smt. Rambai, on 01.01.2026, whose duskaram ceremony is scheduled on 10.01.2026. The applicants have been in custody since 05.10.2025, the trial is likely to take considerable time, and their incarceration is causing severe mental agony to them and their family members. Being permanent residents of the addresses mentioned in the cause title, there is no likelihood of their absconding or tampering with prosecution evidence. therefore, they prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel for the State, opposes the bail application of the applicants. 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, the nature and gravity of the allegations levelled against the present applicants, and the fact that the co-accused, namely Jitendra Kumar Dinkar and Tarun Suryavanshi, have already been granted bail vide order dated 02.01.2026 passed in MCRC No. 9205 of 2025 and MCRC No. 9045 of 2025, and further considering that the charge-sheet has already been filed before the competent Court, that the applicants have 4 been in judicial custody since 05.10.2025, and that the conclusion of the trial is likely to take considerable time, this Court is of the view that the applicants are entitled to be released on bail in the present case. 7. Let the applicants – Manish Kumar Banwa, Chetanya Dinkar Alias Chaman and Hitesh Dinkar, involved in Crime No. 907/2025 registered at Police Station - Janjgir District – Janjgir -Champa (C.G.), for the offence punishable under Sections 331(4)(5), 305(A), 310(4), 312, 296, 351(2) read with Section 3(5) of the BNS 2023 and Section 25 of the Arms Act, be released on bail on furnishing a personal bond with two local sureties each 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 they 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall 5 initiate proceedings against them, 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 and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are 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 them 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 vaibhav