1 CGHC010288202026 2026:CGHC:38395 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6864 of 2026 1 - Lavkush Kumar S/o Banshiram Aged About 24 Years R/o Patakhapur, Pratappur Bhandara Parasrampur, Police Station- Kudwar District Sultanpur U. P. ... Applicant versus 1 - State Of Chhattisgarh Through The S. H. O. Police Station- Gandhinagar, District- Surguja, Chhattisgarh. ... Non-applicant For Applicant : Dr. Prachi Diwan, Advocate. For State/Non-applicant : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.08.2026 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. 274/2026 registered at Police Station – Gandhinagar, District Surguja NIKITA JAIN Digitally signed by NIKITA JAIN Date: 2026.08.31 17:35:59 +0530 2 (C.G.) for the offence under Sections 126(2) and 310(2) of the Bhartiya Nyaya Sanhita and Sections 25 and 27 of the Arms Act. 2. The case of the prosecution, in brief, on 13.05.2026, the complainant/informant Dharmendra Yadav lodged a report at Police Station Gandhinagar alleging that on 12.05.2026 at about midnight, while he was travelling by an auto from Koldihha towards Kalyanpur, near village Ghaghari Gerwani Nala, 10–12 unknown persons riding on six Pulsar motorcycles intercepted the auto, threatened him by showing a pistol and revolver, searched his pockets and allegedly snatched his mobile phone before fleeing towards Sakalo. On the basis of the said report, Crime No. 274/2026 was registered for offences punishable under Sections 126(2) and 310(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act. During investigation, the spot was inspected and the statement of the complainant was recorded. Subsequently, on the basis of informer’s information, the present applicant/accused Lavkush Kumar and co-accused Vaibhav Mishra @ Raja Mishra were apprehended and interrogated. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted further that the applicant has no criminal antecedents and that no weapon or other incriminating article has been recovered from his possession. It is further submitted that the mobile phone allegedly involved in the incident has already been seized during investigation. The applicant is in jail since 14.05.2026 and trial is likely to take quite long time for its conclusion, therefore, the applicant may be granted bail. 3 4. On the other hand, learned State counsel opposes the bail application of the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, particularly the fact that the applicant has no criminal antecedents, no weapon has been recovered from his possession, the alleged mobile phone has already been seized during investigation, the applicant is in jail since 14.05.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let the Applicant – Lavkush Kumar involved in Crime No. 274/2026 registered at Police Station – Gandhinagar, District Surguja (C.G.) for the offence under Sections 126(2) and 310(2) of the Bhartiya Nyaya Sanhita and Sections 25 and 27 of the Arms Actbe released on bail on furnishing personal bond with two 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 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 4 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 Nikita