1 2026:CGHC:16943 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1448 of 2026 Jalam Singh @ Jai Singh S/o Bheem Singh Aged About 25 Years Resident Of Village- Gunderdehi Ward No.11, Police Station Gunderdehi District- Balod (C.G.) ... Applicant versus State of Chhattisgarh Through- The Station House Office, Police Of Police Station Pulgaon, District- Durg (C.G.) ... Non-Applicant For Applicant : Mr. Jitendra Gupta, Advocate. For Non-Applicant/State : Ms. Smiriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.04.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 330/2025 registered at Police Station- Pulgaon, District- Durg, (C.G.) for the offence punishable under Sections 310(6), 308(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that on 10.08.2025, the daughter RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 of the complainant had gone for a walk with her friend, namely Durgesh Bandhe, and at about 9:30 PM, three accused persons, including the present applicant, allegedly came there and looted the mobile phone of Durgesh Bandhe, and it is further alleged that they recorded a video from the said mobile and demanded money, and upon refusal, they threatened to make the said video viral, as is evident from the copy of the F.I.R., hence this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case, and that the applicant has neither committed nor participated in any such act which may amount to the offences alleged against him. It is further submitted that the evidence collected by the prosecution does not disclose any prima facie sufficient material to hold the applicant guilty of the aforesaid offences, and that some of the prosecution witnesses have already been examined before the learned trial Court, whose statements contain major omissions and contradictions, as is evident from the copies of their depositions collectively filed and marked as Annexure A-3. He further submits that the present applicant has some criminal antecedents which are explained in the covering memo of the bail application. He further submits that the charge-sheet has been filed, he is in jail since 28.10.2025, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the present bail application and submits that the charge-sheet has been submitted before the competent Court. She further submits that there is 3 sufficient material available on record to prima facie establish the involvement of the applicant in the alleged offences, and that the evidence collected during investigation supports the prosecution case. She also submits that the present applicant has some criminal antecedents which shows that he is a habitual offender, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that though the applicant, along with co-accused has committed the said crime, and has some criminal antecedents, but criminal antecedents are explained in the covering memo of the bail application, the charge-sheet has been submitted before the competent Court and he is in jail since 28.10.2025, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Jalam Singh @ Jai Singh, involved in Crime No. 330/2025 registered at Police Station- Pulgaon, District- Durg, (C.G.) for the offence punishable under Sections 310(6), 308(2) and 3(5) of the Bharatiya 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 4 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 5 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 Rahul Dewangan