1 2026:CGHC:16633 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3249 of 2026 Chirag Shekh S/o Mustak Shekh Aged About 19 Years R/o Sanjay Nagar, Railway Station Road, Kotwali, Korba, District- Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station- Bankimongra (Wrongly Mentioned As Bankimorga), District- Korba (C.G.) ... Non-applicant For Applicant : Mr. Aditya Khare, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.04.2026 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. 29/2026, registered at Police Station – Bankimongra, District - Korba C.G. for the offence punishable under Section 303(2), 3(5) BNS 2023 and Sections 25 and 27 of the Arms Act. 2. The prosecution story in brief is that the complainant Gaurav Singh lodged report at Police Station, Bankimongra, alleging therein that VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.10 16:06:46 +0530 2 04.02.2026 he was returning from Gevra Mines to his house by his motorcycle Honda CB Shine bearing Registration No. CG-12-BU- 9741, at that time, near Tendukona Bridge he was standing his motorcycle for bathroom, where the accused persons came in motorcycle and asked for distance of Bankimongra and thereafter one accused dropped from his motorcycle and taken the motorcycle of the complainant and while driving the motorcycle of the complainant, the said accused/applicant has dashed to one unknown person and the villagers have followed and caught hold the accused/applicant near Shuklakhar Chowk, upon which, the accused given threatening to the villagers at the instances of knife. On the basis of said information, the alleged offences have been registered against the accused persons including present applicant. 3. Learned counsel for the applicant respectfully submits that the applicant has been falsely implicated in the aforementioned offence. It is further submitted that the applicant has not stolen the motorcycle of the complainant and that a dispute had arisen between the applicant and the complainant while driving the motorcycle, due to which the complainant lodged a false and fabricated report against the applicant. It is further submitted that the alleged offence is triable by the Magistrate and is not punishable with life imprisonment or death. The applicant has no previous criminal antecedent and is a young boy whose prolonged pre-trial detention is likely to adversely affect his future prospects. The applicant is in judicial custody since 04.02.2026, therefore, he prays that he be released on bail. 4. On the other hand learned State counsel opposes the bail application 3 of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the present applicant, as well as the fact that the charge-sheet has already been filed before the competent Court, and that the applicant has been in judicial custody since 04.02.2026, and the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Chirag Shekh, involved in Crime No. 29/2026, registered at Police Station – Bankimongra, District - Korba C.G. for the offence punishable under Section 303(2), 3(5) BNS 2023 and Sections 25 and 27 of the Arms Act, be released on bail on furnishing personal bond with two local 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav