1 2026:CGHC:19143 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2689 of 2026 • Nanasingh S/o Sardar Singh Chitoudiya Aged About 50 Years R/o Hardoli Road Aarvi, Thana - Aarvi, Distt - Vardha ( M.H.) ... Applicant(s) versus • State of Chhattisgarh Through - Sho, Thana - City Kotwali, Distt - Baloda Bazar-Bhatapara, Chhattisgarh. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Samir Singh, Advocate For Respondent(s) : Ms. Anusha Naik, Dy.G.A. 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 51/2026 registered at Police Station City Kotwali, District – Baloda- Bazar Bhatapara (C.G.), for the offences punishable under Sections 318(4), 61(2) of the Bhartiya Nyay Sanhita (BNS). 2. As per the case of the prosecution, complainant namely Kamal Sahu has lodged the written report that he suffering from pain his body. He contacted the Mahalaxmi Dispensary for treatment. The accused deceived him by claiming that 'eight pots of gold and silver are in VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.25 18:52:55 +0530 2 your field' A ritualistic ritual will be performed to extract them, and they demand the money for them. So the police registered the case and arrested to the applicant for the alleged commission of offence. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the foresaid case. He submits that the applicant is innocent 50 years old men and he is suffering from bran hamrage. He further submits that applicant has no concern with the said crime which money has been sized by the prosecution who was belongs to the applicant and which was withdrawn through his bank account. He submits that the present applicant has no criminal antecedents and he is in jail since 23.11.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. She further submits that applicant is a resident of the State of Maharashtra and he has no previous criminal antecedent in the State of Maharashtra, but one criminal antecedent in the State of Madhya Pradesh, therefore he is not entitled for grant of bail. 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 and the fact that the present applicant is having one criminal antecedents, furthermore, the charge-sheet has already been submitted before the competent Court in the present case and the applicant is aged about 50 years old and he has been languishing in jail since 23.11.2025, conclusion of the trial may take some more 3 time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Nanasingh, involved in Crime No.51/2026 registered at Police Station City Kotwali, District – Baloda-Bazar Bhatapara (C.G.), for the offences punishable under Sections 318(4), 61(2) of the Bhartiya Nyay Sanhita (BNS)., be released on bail on furnishing personal bond with two local 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 his 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, 4 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Vaishali