1 CGHC010262632026 2026:CGHC:35684 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6272 of 2026 Gyandas Tandan S/o- Shri Dayaram Tandan, Aged About 20 Years R/o- Village - Limtara, Police Station- Simga, District- Balodabazar-Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Nandghat, District- Bemetara (C.G.) ... Non-applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-applicant/State. : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.08.2026 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. 150/2026 registered at Police Station - Nandghat, District - Bemetara (C.G.), for the offences punishable under Sections 296, 351(3), 115(2), 309(4) & 3(5) of the BNS. 2. The prosecution story, in brief, is the complainant, Chetan Yadav, appeared at Nandghat Police Station on 25.06.2026, and lodged a VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.13 11:08:47 +0530 2 report stating that approximately 4:00 AM that day, he was on his way to Nishad Hotel to peel potatoes. At that time, a small dog was near the hotel, and he was trying to shoo it away. Just then, Vijay Ghritlahre arrived on a motorcycle with two person, demanding to know why he was hitting the dog. When the complainant explained that he was driving the dog away because it was biting people, Vijay Ghritlahre and his two companions threatened him and assaulted him with their hands and fists and the co-accused took 1,000 rs. and a Poco C71 mobile phone from the complainant, so on the basis of the said report an FIR was registered at the Nandghat Police Station and the applicant and co-accused persons were arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated merely because he was present at the spot along with the co-accused persons. It is submitted that no incriminating or looted article has been seized or recovered from the applicant and that he had not participated in the alleged offence. The applicant is a young boy aged about 20 years, has no criminal antecedents, and is presently pursuing Electrician Trade, with his practical examinations scheduled shortly. It is further submitted that the dispute arose when the co-accused questioned the complainant regarding his treatment of a dog, which led to an altercation and the present FIR. The applicant has been in custody since 25.06.2026, and the complainant has no objection to his release on bail. The applicant is a permanent resident, there is no likelihood of his absconding or tampering with evidence, and he is ready to abide by all conditions imposed by this Hon’ble Court. Therefore, the applicant prays for grant of bail. 3 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has not yet been filed before the competent Court and the investigation is still pending. Therefore, considering the stage of investigation and the allegations against the applicant, therefore, applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the fact that the present applicant has no criminal antecedents, and that the charge-sheet has not yet been filed before the competent Court, while the applicant has been in custody since 25.06.2026, and 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. Accordingly, the bail application is allowed. 7. Let the Applicant – Gyandas Tandan, involved in Crime No. 150/2026 registered at Police Station - Nandghat, District - Bemetara (C.G.), for the offences punishable under Sections 296, 351(3), 115(2), 309(4) & 3(5) of the BNS, 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 4 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 his 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav