1 CGHC010334012026 2026:CGHC:38564 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7978 of 2026 Sameer Uikey S/o Shri Raju Singh Uikey, Aged About 20 Years, R/o Village- Belha, Police Station- Pachpedi, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Koni, Distt. Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Ishwar Jaiswal, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.09.2026 1. This is the first bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 171/2026 registered at Police Station - Koni, District - Bilaspur (C.G.), for the offence punishable under Section 310(2) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that the complainant, Sunil Kumar Yadav, is engaged in contract work relating to roof centering and requires labourers for the said work. It is alleged that the co-accused, namely, Abhay Singh Uikey, Prakash and Manoj, contacted the complainant for providing labourers and, after receiving an advance payment of Rs.1,000/-, called him to Bilaspur. Accordingly, on 14.04.2026, the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.09.01 16:30:29 +0530 2 complainant reached Bilaspur, where he was taken by the aforesaid persons to Koni Polytechnic College, where their other co-accused persons were present. It is further alleged that at about 1:30 p.m., at a deserted place, the accused persons threatened the complainant and took away his blue and white bag containing Rs.45,000/-, a cheque book, ATM card, passbook and other documents. Thereafter, the accused persons allegedly fled from the spot. On 17.04.2026, the complainant lodged a report at Police Station Koni, pursuant to which the offence was registered, and the applicant was subsequently implicated during the course of investigation. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that and the charge-sheet has already been filed before the competent Court. He further submits that the alleged incident is stated to have taken place on 14.04.2026, whereas the complainant lodged the report only on 17.04.2026, resulting in an unexplained delay of about three days, despite the fact that the concerned Police Station is situated at a distance of only about 1.5 kilometres from the alleged place of occurrence. He also submits that the applicant's name is not mentioned in the FIR. The applicant is in judicial custody since 15.05.2026. He also submits that the applicant has no previous criminal antecedents and the conclusion of the trial is likely to take considerable time and, therefore, the applicant deserves to be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the charge-sheet has been filed. She further submits that an amount of Rs.1,000/- was recovered from the possession of the applicant. Therefore, considering the recovery made from the applicant, he is not entitled to be released on bail. 3 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, nature and gravity of the offence, period of detention of the applicant since 15.05.2026, the fact that the charge-sheet has already been filed before the competent Court, the applicant has no previous criminal antecedents, and the conclusion of the trial is likely to take some time, this Court is inclined to allow the present application. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant – Sameer Uikey, involved in Crime No. 171/2026 registered at Police Station - Koni, District - Bilaspur (C.G.), for the offence punishable under Section 310(2) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a 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 during trial and in order to secure his presence, proclamation 4 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dirurt fo forthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Preeti