1 CGHC010325702026 2026:CGHC:38099 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7769 of 2026 1 - Manjur Khan S/o Abrar Khan Aged About 55 Years R/o- Nala Para, South Ward No- 05, Fatehpur, P.S.- Kotwali Fatehpur, District- Barabanki, (U.P.) 2 - Anjur Khan @ Ram Singh Marabi S/o Abrar Khan Aged About 42 Years R/o- Nala Para, South Ward No- 05, Fatehpur, P.S.- Kotwali Fatehpur, District- Barabanki, (U.P.) 3 - Ameen Khan S/o Taj Mohammad Aged About 45 Years R/o- Nala Para, South Ward No- 05, Fatehpur, P.S.- Kotwali Fatehpur, District- Barabanki, (U.P.) ...Applicants versus State Of Chhattisgarh Through- S.H.O Outpost- Bariyon, P.S- Rajpur, District- Balrampur- Ramanujganj, C.G. ... Non-applicant For Applicants : Mr. Pushkar Sinha, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.08.2026 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 applicants who have been arrested in connection with Crime No. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.25 16:32:06 +0530 2 113/2026, registered at Police Station – Outpost - Bariyon, P.S- Rajpur, District- Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 318(2), 318(4), 319(2), 61(2) & 3 (5) of the BNS. 2. The prosecution case, in brief, is that on 07.04.2026 at about 11:00 AM, the applicants/accused persons allegedly visited the complainant’s house, informed him about the canal construction work and obtained his mobile number. On 08.04.2026 at about 12:30 PM, the applicants allegedly informed the complainant that the canal work had commenced and introduced themselves as contractors. It is further alleged that the applicants demanded an amount of Rs.5,50,000/- from the complainant for getting the tender passed and assured him that the said amount would subsequently be waived. Believing their assurance, on 09.04.2026, the complainant withdrew an amount of Rs.5,50,000/- through cheque from Central Bank, Ambikapur, and handed over the said amount to the applicants. Thereafter, the applicants allegedly switched off their mobile phones and the JCB machine was removed from the village. On the basis of the report lodged by the complainant, an offence under Sections 318(2), 318(4), 319(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 was registered against the applicants, and they were arrested on 11.05.2026. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is submitted that the applicants were never involved in any offence and that, in fact, the complainant had engaged the applicants to carry out 3 certain work in his field through a JCB, which was duly completed pursuant to an agreement between the parties, and thereafter a dispute arose regarding payment, on account of which the complainant lodged a false report against the applicants. It is further submitted that the applicants have neither received nor obtained any illegal amount from the complainant, nor have they cheated or dishonestly induced the complainant to deliver any property. Learned counsel further submits that the applicants are aged about 55, 42 and 45 years respectively, and have been in custody since 11.05.2026; they are the sole earning members of their respective families and their continued detention is causing undue hardship to their families. It is also submitted that the charge-sheet has already been filed, the alleged offences are triable by the JMFC, and the conclusion of the trial is likely to take considerable time. The applicants are permanent residents of Nala Para, South Ward No. 05, Fatehpur, P.S. Kotwali Fatehpur, District Barabanki (U.P.), and there is no likelihood of their absconding or tampering with the prosecution evidence. Therefore, considering the period of detention and the facts and circumstances of the case, the applicants may kindly be released on bail. The applicants are ready and willing to abide by all the terms and conditions that may be imposed by this Hon’ble Court. 4. On the other hand learned State counsel opposes the bail application of the present applicants 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. 4 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicants, the fact that they have no criminal antecedents, and also considering that the charge-sheet has been filed before the competent Court and that the applicants have been in judicial custody since 15.05.2026, and further that the conclusion of the trial is likely to take considerable time, I am inclined to grant regular bail to the present applicants. 7. Let the Applicants - Manjur Khan, Anjur Khan @ Ram Singh Marabi & Ameen Khan, involved in Crime No. 113/2026, registered at Police Station – Outpost - Bariyon, P.S- Rajpur, District - Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 318(2), 318(4), 319(2), 61(2) & 3 (5) of the BNS, be released on bail on furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (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 them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their 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 them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, 5 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 applicants are 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 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. Sd/- (Ramesh Sinha) Chief Justice vaibhav