1 2026:CGHC:19152 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2660 of 2026 Pramod Kumar Kenwat S/o Gopal Prasad Kenwat Aged About 19 Years R/o Near Water Tank Bankimongra, P.S. Bankimongra, Tahsil Katghora , District- Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Darri District- Korba (C.G.) ... Respondent For Applicant : Shri Chandradeep Prasad, Advocate. For Respondent/State : Shri Shailendra Sharma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/04/2026 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.215/2025 registered at Police Station Darri District- Korba (C.G.) GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.25 19:34:02 +0530 2 (P.S. Bankimongra wrongly mentioned in order copy) for the offence punishable under Sections 304(2), 111(2), 317(4), 310(2) of Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 23.09.2025 the complainant Smt. Anjali Suryawanshi lodged report at Police Station, Bankimongra alleging therein that on 22.09.2025 at around 10.30 PM, while she was returning from Korba College to her Village by her Scooty, at that time near Bauddh Vihar, 6 persons came in two motorcycles and looted her mobile and fled away. On the basis of above report, the offence was registered against unknown person and during course of investigation, the accused persons including present applicant has been arrested. Hence this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in the instant case and he has not committed any loot from the complainant and only on the basis of suspicion, he has been implicated in this case. He would submit that simultaneously the police officials have also implicated the applicant in another similar case. He would submit that the first information report was lodged against unknown person and prosecution has not conducted any test identification parade before the Magistrate and the alleged looted property has not been recovered from the present applicant. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 30/09/2025 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 he would submit that charge sheet has been filed in this case 3 before the competent court and the applicant has no criminal antecedents. He would further submit that the complainant has turned hostile in this case. 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, further the fact that complainant has turned hostile in this case, period of detention of the applicant since 30/09/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, therefore 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- Pramod Kumar Kenwat, involved in Crime No.215/2025 registered at Police Station Darri District- Korba (C.G.) (P.S. Bankimongra wrongly mentioned in order copy) for the offence punishable under Sections 304(2), 111(2), 317(4), 310(2) of Bhartiya Nyay Sanhita, 2023, 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 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 4 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