1 CGHC010297842026 2026:CGHC:34203 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7128 of 2026 Azad Singh Kanwar Son Of Buddheshwar Aged About 19 Years Resident Of Village Madwa, Chowki Giroudpuri, P.S. -Gidhouri, District - Balodabazar- Bhatapara, Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Gidhouri-Tundra, District - Balodabazar-Bhatapara, Chhattisgarh. ... Non-applicant For Applicant : Mr. Om Prakash Sahu, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.08.2026 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 applicant who has been arrested in connection with Crime No. 114/2026, registered at Police Station – Gidhouri - Tundra, District – Balodabazar - Bhatapara (C.G.) for the offence punishable under Sections 309(4) of the BNS and Sections 25 and 27 of the Arms Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.06 10:59:13 +0530 2 2. The prosecution case, in brief, is that the complainant has made complaint to the concerned police station alleging inter-alia is that on the date of incident i. e. 26.05.2026 at about 10.00 p.m. in the night the complainant was returning by his Vehicle along with his brother and at that time two unknown persons have stopped the said vehicle and they have looted Apple Mobile and cash amount of Rs. 3500/- from the complainant with the help of knife and thereafter, they run away from the spot. Based upon the such complaint, police has registered the offence u/s. 309(4) of B.N.S. and section 25, 27 of the Arms Act and during investigation, the police has arrested the present applicant on the basis of memorandum of the statement, which has been registered against the applicant and arrested him in connection of this crime. 3. Learned Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case merely on the basis of suspicion and the memorandum statement of the co- accused. It is further submitted that no incriminating article or alleged looted property has been seized from the possession of the applicant and there is no sufficient material connecting him with the alleged offence. Learned Counsel further submits that the essential ingredients of the offences punishable under Section 309(4) of the B.N.S. and Sections 25 and 27 of the Arms Act are not made out against the applicant and that the prosecution has failed to collect any cogent and reliable material regarding his involvement in the alleged loot. It is also submitted that the applicant has been falsely implicated on the basis of a concocted and fabricated prosecution story without 3 any substantive evidence. Learned Counsel further submits that the investigation has been completed and the charge-sheet has already been filed before the competent Court; therefore, there is no likelihood of the applicant influencing the prosecution witnesses or tampering with the prosecution evidence. It is lastly submitted that there are three accused persons in the case, out of whom two accused, including one juvenile, have already been granted bail by the Courts below, and therefore, the applicant is also entitled to the benefit of parity. On these grounds, learned Counsel prays that the applicant may kindly be enlarged on bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, the fact that the charge-sheet has already been filed before the competent Court, that the applicant has no criminal antecedents, that the applicant has been in judicial custody since 28.05.2026, and further considering that one of the co-accused has already been granted bail by the learned Trial Court, coupled with the fact that the conclusion of the trial is likely to take some time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Azad Singh Kanwar, involved in Crime No. 114/2026, registered at Police Station – Gidhouri -Tundra, District - Balodabazar- 4 Bhatapara (C.G.) for the offence punishable under Sections 309(4) of the BNS and Sections 25 and 27 of the Arms Act, 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 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 vaibhav