1 CGHC010303332026 2026:CGHC:36333 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7535 of 2026 1 - Vedprakash Vaishnav Urf Nilesh, S/o Krishna Das Vaishnav, Aged About 23 Years R/o Kerajhariya, Pali, Police Station And Tehsil Pali, District - Korba (C.G.) 2 - Abhishek Prajapati, S/o Late Fagulal Prajapati, Aged About 22 Years R/o Kumharpara, Pali, Police Station Pali, District Korba (C.G.) ... Applicants versus State Of Chhattisgarh Through The Police Station Ratanpur, District - Bilaspur (C.G.) ... Non-applicant _____________________________________________________ For Applicants :Ms. Sapna Singh Chandel, Advocate. For Non-applicant/State :Mr. Shailendra Sharma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.08.2026 1. The Applicants have preferred this 1st Bail Application under SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.08.14 19:14:11 +0530 2 Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.33/2026 registered at Police Station – Ratanpur, District Bilaspur (C.G.), for the offences under Sections 309(4) and 3(5) of BNS as also under Sections 25 & 27 of Arms Act. 2. As per the prosecution story, on 11.01.2026 at about 11:04 p.m., complainant Basant Kumar Kaivart, who was working at a petrol pump, was alone at the pump when three persons, aged about 20 to 30 years, arrived on a black-coloured unnumbered Pulsar N160 motorcycle and asked him to fill petrol worth Rs.1,000/-. After the complainant filled the petrol, one of the persons, who was wearing a white cap, hoodie and jacket, allegedly took out his mobile phone, while all three assaulted the complainant. One of them allegedly displayed a small revolver-like weapon from his waist and threatened him, while another put his hand into the complainant's trouser pocket and forcibly took away approximately Rs.10,000/- to Rs.15,000/-, being the petrol sale proceeds, whereafter all three fled from the spot. On the basis of the investigation conducted in the matter, the present Applicants were arrested for their alleged involvement in the commission of the aforesaid offences. Hence this 3 application. 3. Learned Counsel for the Applicants submits that the Applicants are innocent and have been falsely implicated in the present case solely on the basis of statements/memorandum of the co-accused. It is further submitted that the FIR was initially registered against unknown persons, but no formal Test Identification Parade was conducted to establish identification of the Applicants by the complainant or witnesses. She further submits that the investigation is complete and charge-sheet has already been filed, the Applicants are in custody since 18.01.2026 and the trial is likely to take considerable time for its conclusion. It is also submitted that, even if the allegations in the FIR are taken at their face value, the essential ingredients of the offences alleged under Sections 309(4) and 3(5) of the BNS and Sections 25 and 27 of the Arms Act are not prima facie made out against the Applicants, therefore, they may granted regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that one cartridge has been seized from the Applicants and they have two previous criminal antecedents of similar nature. 5. I have heard learned counsel for the parties and perused the 4 case diary. 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature of allegations, the fact that the FIR was initially registered against unknown persons and no formal Test Identification Parade was conducted, the fact that the Applicants are in custody since 18.01.2026, the trial is likely to take considerable time for its conclusion and without further commenting anything on the merits of the case, this Court is inclined to extend the benefit of bail to the Applicants. Accordingly, the bail application is allowed. 7. Let Applicants- Vedprakash Vaishnav Urf Nilesh and Abhishek Prajapati involved in Crime No.33/2026 registered at Police Station – Ratanpur, District Bilaspur (C.G.), for the offences under Sections 309(4) and 3(5) of BNS as also under Sections 25 & 27 of Arms Act be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant/s shall file an undertaking to the effect that he/she 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 5 in accordance with law. (ii) The applicant/s shall remain present before the trial court on each date fixed, either personally or through his/her/their counsel. In case of his/her/their absence, without sufficient cause, the trial court may proceed against him/her/them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant/s misuse/s the liberty of bail during trial and in order to secure his/her/their presence, proclamation under Section 84 of BNSS. is issued and the applicant/s fail/s to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her/them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant/s 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/s 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/her/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 Priya