1 2026:CGHC:2575 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 197 of 2026 Raj Ghritalahre S/o Ram Chandra Ghritalahre Aged About 29 Years R/o Village Tarenga P.S. Bhatapara (Gramin) Distt Baloda Bazar Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Navagarh, Distt Bemetara (C.G.) ... Respondent For Applicant : Shri Vijay Shankar Mishra, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/01/2026 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.221/2025 registered at Police Station Navagarh, District Bemetara (C.G.) for the offence punishable under Sections 309(6), 126(2), GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.18 12:07:31 +0530 2 238(A), 3(5) of BNS Act. 2. Case of the prosecution, in brief, is that the complainant namely Madan Manhar lodged a complaint that on 26.08.2025 he sold paddy to one Rohit Adtiya and he did not immediately received. On 01.09.2025 he went to Bhatapara to collect the sale amount of said paddy and after taking loan of Rs. 1,00,000 for agricultural work from Adatiya he was coming alone from Bhatapara to his house village Cherkapur on his motorcycle bearing No. CG-35-H-7674 before reaching Sambalpur three man on motorcycle came there and stopped the applicant and asked for directions of Sambalpur. The applicant told them the way to Sambalpur and then proceeded to his home. At around 3.30 P.M he reached the main road just beyond Beltukri Mod. At that time the three mens who were asking for directions to Sambalpur came in front of the complainant's motorcycle and stopped it. One of them threatened the complainant with knife and other with belt demanding the money he had with him. On the basis of said complaint crime no 221/2025 offence U/S 309(6), 126(2), 238(A), 3(5) of BNS Act was registered against the present applicant at police station Navagarh and investigation was started on the basis of the memorandum of co- accused. Hence the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in this case. He would submit that Rs. 10,000 cash and one Realme company phone has been seized from present applicant. He would submit that the whole case is made from seizure and memorandum statement. He would submit that the applicant has no previous criminal antecedent, charge sheet has been 3 filed in this case, the applicant is in jail since 12/10/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court and the applicant has no previous criminal antecedents. 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, nature of allegation levelled against the applicant, applicant has no previous criminal antecedents, period of detention of the applicant since 12/10/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Raj Ghritalahre, involved in Crime No.221/2025 registered at Police Station Navagarh, District Bemetara (C.G.) for the offence punishable under Sections 309(6), 126(2), 238(A), 3(5) of BNS Act, be released on bail on his furnishing a 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 4 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. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri