1 CGHC010341992026 2026:CGHC:39540 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8370 of 2026 Bittu @ Mohammad Husain S/o Mohammad Aamin Aged About 23 Years R/o Ward No.07 Taj Nagar Jhilmila Saraipali Police Station Saraipali Distt- Mahasamund (C.G.) ... Applicant Versus State Of Chhattisgarh Through - Police Station Saraipali, District- Mahasamund (C.G.) ... Non-Applicant For Applicant : Mr. Amarnath Pandey, Advocate For Non-Applicant : Mr. Pranjal Shukla, Panel Lawyer. SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 09/09/2026 1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 01/2026 registered at Police Station – Saraipali District Mahasamund Chhattisgarh for the offences punishable under Sections 126(2), 296, 309(4), 351(2), 3(5) & 311 of the Bharatiya Nyaya Sanhita, 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.09.11 14:42:11 +0530 2 2. The prosecution case, in brief, is that on 31.12.2025, the complainant Rakesh Nayak, along with his friend Laxmi Chand, came to Saraipali on a motorcycle for some personal work. While returning at about 9:00 p.m. near Darrabhata Electricity Office, the applicant, along with his friend Sekhar, allegedly demanded money and threatened him by pointing a knife at his stomach. They allegedly looted Rs.1,900/-, one mobile phone and the motorcycle key from the complainant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He further submits that the complainant, Ramesh Nayak, has been examined and has not supported the prosecution case. He further submits that the applicant is in custody since 01.01.2026 and that the trial is likely to take considerable time. Therefore, it is prayed that the applicant may kindly be enlarged on regular bail. 4. Learned counsel for the State opposes the bail application and submits that the applicant has nine criminal antecedents. He further submits that the applicant, along with his co-accused, allegedly committed robbery by threatening the complainant with a knife and looting Rs.1,900/-. 5. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application. 6. Considering the facts and circumstances of the case, the nature of the allegation levelled against the applicant, the applicant is in jail since 01.01.2026, charge-sheet is filed, trial is likely to take sometime, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 3 7. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: (a) 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. (b) 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. (c) In case, the applicant misuses the liberty of bail during trial andin order to secure her 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. (d) 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. Certified copy as per rules. Sd/-/-/- (Parth Prateem Sahu) Judge vaibhav