1 CGHC010315612026 2026:CGHC:36583 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7593 of 2026 1 - Anurag Das S/o Pahru Das Aged About 24 Years R/o Ward No. 5, Basna, P.S. Basna, District : Mahasamund, Chhattisgarh 2 - Khirsagar Yadav S/o Tikeshwar Yadav Aged About 23 Years R/o Ward No. 10, Basna, District : Mahasamund, Chhattisgarh 3 - Ritesh Kumar Sahu S/o Ashok Kumar Sahu Aged About 25 Years R/o Ward No. 7, Basna, District : Mahasamund, Chhattisgarh ... Applicants versus State Of Chhattisgarh Through- Station House Officer, Police Station Basna, District – Mahasamund, Chhattisgarh. ---- Non-applicant For Applicants : Mr. Sudhir Kumar Sahu, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.08.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 328/2026, registered at Police Station – Basna, District – Mahasamund (C.G.) for the offence punishable under Sections 303(2) and 3(5) of the BNS. 2. The case of the prosecution, is that the complainant has lodged the report to the concerned Police Station that at the time of incident, subject vehicle motorcycle was parked in front of his house, and RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 thereafter, the said vehicle was not found on the parking. Based upon such complaint made by the complainant, the Police has registered the crime against unknown persons, and during the course of investigation, the applicants were arrested on the basis of the memorandum statement. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there is no criminal antecedents registered against the applicant Nos. 1 and 2, and there are 4 criminal antecedents of the applicant No.3. The applicants are in jail since 23.06.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the applicant Nos. 1 and 2, and there are 4 criminal antecedents of the applicant No.3, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that though there is no criminal antecedents registered against the applicant Nos. 1 and 2, and there are 4 criminal antecedents of the applicant No.3, but the applicants are in jail since 23.06.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 3 7. Let applicants – Anurag Das, Khirsagar Yadav, and Ritesh Kumar Sahu, involved in Crime No. 328/2026, registered at Police Station – Basna, District – Mahasamund (C.G.) for the offence punishable under Sections 303(2) and 3(5) of the BNS, 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 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 4 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 Rajshekhar