1 2026:CGHC:16968 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2316 of 2026 Chandan Sen Alias Chandra Shekhar Sen S/o Hemlal Sen Aged About 40 Years Village, R/o. Kansinghi, Police Station Chhura, District Gariyaband, Chhattisgarh, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Chhura, District Gariyaband, Chhattisgarh ... Non-applicant For Applicant : Md. Afroz Athar, Advocate. (Through V.C.) For Non-applicant/State : Ms. Vaishali Mahilong, Dy. Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 13.04.2026 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. 183/2025 registered at Police Station : Chhura, District – Gariyaband (C.G.) for the offence punishable under Sections 74, 308(2), 318(2), 336(3), 338, 340(2), 238, 111(2)(b), 351(3) and 3(5) of the of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the complainant, who is a Patwari, lodged a written complaint at Police Station Chhura against the present applicant and co-accused Nikhil Raj Singh, alleging that the co-accused, Nikhil Raj ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.15 10:54:35 +0530 2 Singh, had filed a false complaint against him at Jhansi (U.P.) and had sent a warrant of arrest to the complainant’s house through speed post. It is further alleged that, in the name of compounding the said offence, the co-accused demanded Rs. 1,00,000/- from the complainant, and out of fear, the complainant paid the said amount in cash to him. Thereafter, the co-accused, Nikhil Raj Singh, allegedly took back the said warrant of arrest. It is further alleged that the co-accused, along with the present applicant, was pressurizing the complainant to get 10 acres of government land allotted in their names, failing which they would falsely implicate him in criminal cases, kill him, and kidnap his children. The complainant has also alleged that on 30.11.2025, when he was on duty, the co-accused, Nikhil Raj Singh, along with the present applicant, went to his house and molested his wife and misbehaved with her. It is further alleged that the accused persons demanded Rs. 2,00,000/- and 10 acres of government land in their names, failing which they threatened to falsely implicate and kill the complainant. On the basis of the said written complaint, FIR No. 183/2025 was registered under Sections 308(2), 74, and 3(5) of the BNS, and both the applicant and co-accused Nikhil Raj Singh were arrested on 03.12.2025. During the course of investigation, Sections 318(2), 336(3), 338, 340(2), 238, 111(2)(b), and 351 of the BNS were also added. Upon completion of the investigation, a charge sheet has been filed under Sections 74, 308(2), 318(2), 336(3), 338, 340(2), 238, 111(2)(b), 351, and 3(5) of the BNS. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that there is no allegation against the present applicant that he has ever taken any money from the complainant. He submits that the charge-sheet has been filed in the matter, and the call detail records of the applicant 3 have been placed on record, which clearly establish that the applicant was not present at the place of the alleged incident. The allegations against both the accused persons are false. It is further submitted that the wife of the complainant, in her statement recorded under Section 183 of the BNSS, has stated that the present applicant was merely standing at some distance outside the house. He further submits that the complainant owed money to the co-accused, Nikhil Raj Singh, which he failed to repay, and it was only for this reason that the co-accused was demanding his dues. Consequently, false and belated allegations have been made against the present applicant. He also submits that although the applicant has five criminal antecedents under the IPC, he has already been acquitted in all those cases, and an explanation in this regard has been provided in paragraph No. 4(a) of the present bail application. He further submits that the applicant has been in jail since 03.12.2025, and the conclusion of the trial is likely to take some more time. Therefore, he prays for the grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. She submits that as per the prosecution case, the complainant, who is a Patwari, alleged that the co-accused, Nikhil Raj Singh, extorted Rs. 1,00,000/- from him on the pretext of compounding a false case and later, along with the present applicant, pressurized him to get 10 acres of government land allotted in their names while extending threats of false implication, death, and kidnapping of his children. It is further alleged that on 30.11.2025, the applicant along with the co-accused went to the complainant’s house and molested his wife and misbehaved with her. On the basis of the said complaint, FIR No. 183/2025 was registered, both 4 the accused were arrested on 03.12.2025. She submits that the present applicant has 05 criminal antecedents under the IPC, therefore, the applicant is not entitled for grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature of the allegations, and the submissions made by learned counsel for the applicant, particularly that there is no specific allegation against the applicant of having taken any money from the complainant that the call detail records placed on record prima facie indicate that the applicant was not present at the place of the alleged incident, even as per the statement of the complainant’s wife recorded under Section 183 of the BNSS, the applicant was merely standing at some distance outside the house and that the allegations appear to have arisen out of a monetary dispute between the complainant and the co-accused, and are prima facie false and belated and further considering that the charge-sheet has been filed, that the applicant has already been acquitted in all five previous criminal cases registered against him, and that he has been in custody since 03.12.2025 and the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail. 7. 7. Let applicant, Chandan Sen Alias Chandra Shekhar Sen, involved in Crime No. 183/2025 registered at Police Station : Chhura, District – Gariyaband (C.G.) for the offence punishable under Sections 74, 308(2), 318(2), 336(3), 338, 340(2), 238, 111(2)(b), 351(3) and 3(5) of the of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned with the following conditions:- 5 (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, (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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible 6 within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. 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 Abhishek