1 CGHC010339962026 2026:CGHC:39067 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8183 of 2026 1 - Abid Khess S/o Simon Khess Aged About 27 Years R/o Village Vishrampur, Gangikot P.S. Vishrampur District Surajpur (C.G.) 2 - Akash Kerketta S/o Vinod Kerketta Aged About 27 Years R/o Village Devri Uparpara P.S. And Tehsil Batouli District Surguja (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House Officer, P.S. Sitapur, District – Surguja (C.G.) ---- Non-applicant For Applicants : Mr. Nishi Kant Sinha, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 03.09.2026 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. 139/2026, registered at Police Station – Sitapur, District – Surguja (C.G.) for the offence punishable under Sections 308(2), 333, 61(2), 111 and 3(5) of the BNS. 2. The case of the prosecution, is that the complainant has lodged the report on 21.04.2026 that six unknown persons entered his house and alleged that he is involved in illegal sale of liquor and showed him Jerry Can of 1 liter filled with water and asked to give them Rs.20,000/- or to RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI Date: 2026.09.07 18:08:12 +0530 2 face the consequences, which was denied by him and in furtherance took Rs. 1,000/- cash by threatening him. Thereafter, the FIR has been registered and the applicants are arrested. 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. It is further submitted that the names of the applicants do not find place in the FIR. It is further submitted that the charge-sheet has been filed in this case, and the other co-accused persons, namely, Shyamlal Sarthi, Ramakant Minj and Anuj Bhagat have already been granted bail by the Coordinate Bench of this Court vide order dated 01.09.2026 passed in MCRC No.7895/2026. The case of the applicants is also similar. The applicants are in jail since 22.04.2026 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 are three criminal antecedents of the applicant No.1 and two criminal antecedents of the applicant No.2, which are pending, and the charge-sheet has been filed in this case. It is further submitted that looking to the nature of allegations and the seriousness of crime, the applicants 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, the charge-sheet has been filed in this case, further considering the fact that the names of the applicants do not find place in the FIR, and the 3 other co-accused persons, namely, Shyamlal Sarthi, Ramakant Minj and Anuj Bhagat have already been granted bail by the Coordinate Bench of this Court vide order dated 01.09.2026 passed in MCRC No.7895/2026, and the case of the applicants is also similar, the applicants are in jail since 22.04.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants – Abid Khess and Akash Kerketta, involved in Crime No. 139/2026, registered at Police Station – Sitapur, District – Surguja (C.G.) for the offence punishable under Sections 308(2), 333, 61(2), 111 and 3(5) of the BNS, be released on bail on their furnishing a personal bond of Rs. 25,000/- with two sureties each, 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 his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses 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 4 Sanhita. (iv) The applicants 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 applicants 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 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 forthwith. Sd/- (Ravindra Kumar Agrawal) Judge Rajshekhar