1 CGHC010292422026 2026:CGHC:37627 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.6904 of 2026 1 - Vedprakash Vaishnav S/o Shri 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 Bhaguram Prajapati, Aged About 22 Years R/o Kumharpara, Pali, Police Station Pali, District Korba (C.G.) Applicant (s) versus 1 - State Of Chhattisgarh Through The Police Station Pali, District - Korba (C.G.) Respondent(s) For Applicant (s) : Ms. Jyoti Rathore, Advocate on behalf of Mr. Amit Kumar Chaki, Advocate For Respondent(s) : Ms. Smriti Shrivastava, PL Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.08.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the Digitally signed by R NIRALA 2 applicants, who have been arrested in connection with Crime No.25/2026, registered at Police Station Pali, District Korba (C.G.) for the offence punishable under Section 309 (6) of BNS. 2. The case of the prosecution, in brief, is that on 16/01/2026 the complainant namely Raj Kumar Kashyap has lodged report at Police Station Pali District Korba against the four unknown person stating that on 16/01/2026 at about 1.00 am some unknown person entered the office of petrol pump where the complainant and his colleague Kashi Ram were sleeping at that time some unknown person looted amount of Rs.8000/- and also done marpeet with the complainant and Kashi Ram. Thereafter police has lodged FIR against the unknown person and arrested the applicants. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in crime in question. He further submitted that only on the basis of suspicion, the applicants have been arrested and the co-accused Sameer Naresh has already been granted regular bail by this Court vide order dated 16.06.2026 in MCRC No.3495/2026. He further submitted that the applicants are in jail since 07.03.2026, charge sheet has been filed and trial is likely to take quite long time for its conclusion, therefore, he prays that the applicants be also released on regular bail. 3 4. On the other hand, learned State counsel opposes the bail application of the applicants and submits that there are two criminal antecedents against the applicants, as such they are habitual offender and therefore they are not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused all the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature of allegation and further considering that the co- accused Sameer Naresh has already been granted regular bail by this Court vide order dated 16.06.2026 in MCRC No.3495/2026, the applicants are in jail since 07.03.2026, charge sheet has been filed and conclusion of the trial is likely to take some time, therefore, without commenting anything on the merits of the case, I am inclined to allow this application. 7. Accordingly, the instant bail application of the applicant is allowed. 8. Let the Applicants – Vedprakash Vaishnav and Abhishek Prajapati, involved in Crime No.25/2026, registered at Police Station Pali, District Korba (C.G.) for the offence punishable under Section 309 (6) of BNS, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 “(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 him/her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure her 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 initiate proceedings against her, 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 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.” 5 9. 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 Nirala