1 2026:CGHC:2191 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 498 of 2026 Sumendra Sahu S/o Shri Kamal Narayan Sahu, Aged About 22 Years R/o Behind Ashok Light, Prem Nagar, Mowa, Police Station Pandari, Raipur, District Raipur, C.G. ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Pandari, Raipur, District – Raipur, C.G. ... Non-applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate. For Non-Applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 14.01.2026 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. 0290/2025 registered at Police Station : Pandari, District – Raipur (C.G.) for the offence punishable under Sections 309(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution story, the complainant, Prakash Yadav, lodged a written report at Police Station Pandari on 26.10.2025, alleging that on 23.10.2025 at about 05:03 a.m., he was going to have tea along with his friend Chandrakumar under the Mowa Over Bridge. When they PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.15 10:27:47 +0530 2 reached near the petrol pump, three persons came there and looted an ornament (Rs. 3,600/-), a mobile phone (Rs. 5,000/-), a wristwatch (Rs. 200/-), and cash amounting to Rs. 200/- from the complainant, the total value of the looted property being Rs. 9,000/-. Police Station Pandari, Raipur registered Crime No. 0290/2025 on 26.10.2025 against three unknown persons for offences under Sections 309(4) and 3(5) of the Bharatiya Nyay Sanhita, 2023. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He further submits that, as per the material collected by the prosecution, no offence is made out against the applicant. It is also submitted that there is nothing on record to show that the applicant has committed the alleged loot. Learned counsel states that the applicant has only 01 criminal antecedent under the BNS, which is also listed today, he has been in jail since 27.10.2025. As the conclusion of the trial may take considerable time, he therefore prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that applicant has only 01 criminal antecedent under the BNS, which is also listed today, moreover, the fact that the charge-sheet has already been submitted before the competent Court in the present case, the applicant is in jail since 27.10.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the 3 applicant is entitled to be released on bail in this case. 7. Let the Applicant - Sumendra Sahu, involved in Crime No. 0290/2025 registered at Police Station : Pandari, District – Raipur (C.G.) for the offence punishable under Sections 309(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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, 4 (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. - Sd/- (Ramesh Sinha) Chief Justice Preeti