1 CGHC010337002026 2026:CGHC:38819 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8102 of 2026 Manish Devnath S/o Late Shankar, Devnath, Aged About 21 Years R/o Village Sakalo, Bangalipara, P. S. Gandhinagar, Ambikapur, District Sarguja, C. G. ... Applicant(s) versus State Of Chhattisgarh Through- S H O Police Station Gandhinagar, District Sarguja C G. ... Respondent(s) For Applicant(s) : Mr. Pushkar Sinha, Advocate. For Respondent(s) : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/09/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 274/2026 registered at Police Station Gandhinagar, Ambikapur District Sarguja (C.G.) for the offence AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 punishable under Sections 126(2), 310(2), 3(5) of BNS and Sections 25 and 27 of the Arms Act. 2. Case of the prosecution, in brief, is that on 13.05.2026, the complainant, Dharmendra Yadav, lodged a report at Police Station Gandhinagar alleging that on 12.05.2026 at about 12:00 midnight, while he was proceeding from Koladih to Kalyanpur in his auto- rickshaw, 10–12 persons riding on Pulsar motorcycles came from behind near Ghaghari Gervani Nalaa, stopped his auto-rickshaw, threatened him by showing a pistol and snatched his mobile phone. On the basis of the said report, an offence under Sections 126(2), 310(2) and 3(5) of the BNS and Sections 25 and 27 of the Arms Act was registered. During investigation, the present applicant/accused was arrested on 14.05.2026 and is presently in judicial custody. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that one of the identically situated co-accused namely, Lavkush Kumar has already been granted bail by this Court vide order dated 31.08.2026 in MCRC No.6864 of 2026. The applicant is in jail since 14.05.2026, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail 3 application and submits that the charge-sheet has been filed in the present case. He further submits that the allegation against the applicant is that he along with the co-accused persons intercepted the complainant’s auto-rickshaw, threatened him by showing a pistol and snatched his mobile phone. Therefore, the applicant is not entitled for grant of bail. 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 offence, period of detention of the applicant since 14.05.2026, the fact that though the applicant in collusion with other co-accused persons intercepted the complainant’s auto-rickshaw, allegedly threatened him by showing a pistol and snatched his mobile phone, but considering the fact that co- accused namely, Lavkush Kumar has already been granted bail by this Court vide order dated 31.08.2026 in MCRC No.6864 of 2026 and the case of present applicant is identical to that of the said co-accused person, further the applicant has no criminal antecedent and charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Manish Devnath, involved in Crime No. 274/2026 registered at Police Station Gandhinagar, Ambikapur 4 District Sarguja (C.G.) for the offence punishable under Sections 126(2), 310(2), 3(5) of BNS and Sections 25 and 27 of the Arms Act, 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 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 5 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil