1 2026:CGHC:3070 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 685 of 2026 1 - Kamran Ali S/o Kasam Ali Aged About 26 Years R/o Railway Kinare Chandi Nagar, P.S. Khamhardih, District Raipur (Chhattisgarh) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Khamhardih Raipur, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. P. K. Patel, Advocate. For Non-applicant/State : Ms.Vaishali Mahilong, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.01.2026 1. The applicant has preferred this First Bail Application 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. 361/2025, registered at Police Station – Khamhardih Raipur District – Raipur (C.G.) for the offence punishable under Sections 309(6), NIKITA JAIN Digitally signed by NIKITA JAIN Date: 2026.01.20 17:27:49 +0530 2 126(2), 112(2), 3(5) of B.N.S and Sections 25 and 27 of Arms Act, 1959. 2. The case of the prosecution, is that when the applicant was driving his car, two men on a bullet stopped his car and began abusing him. A short while later, two other men arrived, one of them took a knife and held it to his neck. They snatched the gold chain from his pocket, and cash amount of Rs.2,000 and fled on their motorcycle. Based on the victim's statement and evidence, a crime was registered against the accused, and a memorandum statement was recorded from the applicant/accused and co-accused. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the one co-accused person, namely, Gajendra Chouhan has been granted bail by this Court vide order dated 14.01.2026 passed in MCRC No. 484/2026. It is further submitted that the applicant has no previous criminal antecedent and the charge-sheet has been filed in this case. The applicant is in jail since 01.12.2025 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 is one criminal antecedents registered against the present applicant and, the charge-sheet has been filed in this case, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the one co-accused person, namely, Gajendra Chouhan has been granted bail by this Court vide order dated 14.01.2026 passed in MCRC No. 484/2026 and the charge-sheet has been filed in this case, the applicant is in jail since 01.12.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant - Kamran Ali, involved in Crime No. 361/2025, registered at Police Station – Khamhardih Raipur District- Raipur (C.G.) for the offence punishable under Sections 309(6), 126(2), 112(2), 3(5) of B.N.S and Sections 25 and 27 of Arms Act, 1959, be released on bail on his furnishing a 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 4 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 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. Sd/- (Ramesh Sinha) Chief Justice Nikita