1 2026:CGHC:19634 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3836 of 2026 Sanjay Kurrey S/o Late Doman Lal Kurrey Aged About 18 Years R/o Deopuri, Satnamipara, Near To Jaitkhambh, P.S. Tikrapara, Tahsil And District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through S.H.O. P.S. Mana Camp, Raipur, District Raipur Chhattisgarh ...Non-applicant For Applicant : Mr. Pushkar Sinha, Advocates. For Non-Applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 28.04.2026 1. The applicant has preferred this Second Bail Application under Section 483 of B.N.S. for grant of regular bail, as he has been arrested in connection with Crime No. 328/2025, registered at Police Station : Mana Camp, Raipur District - Raipur (C.G) for the offence punishable under Sections 309(6) 310(2) of the BNS 2023. 2. The earlier bail application of the applicant was rejected by this VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.28 16:29:50 +0530 2 Hon’ble Court vide order dated 18.03.2026 passed in MCRC No. 2555 of 2026, with liberty to file a fresh application after rejection of the same by the trial Court for the offence under Section 310(2) of the BNS. 3. The prosecution case, in brief, is that the complainant lodged written report and alleged that on 08.11.2025 at about 10:45 p.m near to his house three person with covered their faces came to him and assaulted to him by knife looted Rs 43,000/- from him. On the basis of report FIR has been lodged for the offence under section 309 (6) of B.N.S and during investigation on the basis of memorandum statement of co accused, the applicant/accused has been arrested on 08.12.2025 and since he is in jail and after filing of charge sheet offence under section 310 (2) of B.N.S has been added. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He further submits that as the applicant has neither committed the alleged offence nor had any active participation in its commission. The implication of the applicant is based solely on the memorandum of a co-accused, which has no evidentiary value in the absence of corroboration. There is no material evidence on record connecting the applicant with the alleged offence, and he has not caused any injury to the complainant; moreover, the co-accused persons, who are alleged to have assaulted the complainant, have already been enlarged on bail by the learned Court below, and the injuries sustained are simple in nature. The applicant is about 18 years of age, has been in custody since 08.12.2025, and is the sole earning member of his family, with his aged mother 3 dependent upon him, due to which the family is facing severe financial hardship. The offence is triable by the learned JMFC and its final disposal is likely to take time, therefore, considering the period of detention, the applicant deserves to be released on bail. The applicant is a permanent resident of the address mentioned in the cause title and there is no likelihood of his absconding or tampering with the prosecution evidence. He undertakes to abide by all terms and conditions that may be imposed by this Hon’ble Court while granting bail. 5. On the other hand learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has been filed in the present case. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, the nature of the allegations levelled against the applicant, and the fact that the first bail application was rejected by this Hon’ble Court vide order dated 18.03.2026 passed in MCRC No. 2555 of 2026, with liberty to file a fresh application after rejection of the same by the trial Court for the offence under Section 310(2) of the BNS, and further considering that the present applicant has no previous criminal antecedents and has been in custody since 08.12.2025, coupled with the fact that the conclusion of the trial is likely to take some time, this Court is of the considered view that the applicant is entitled to be released on bail. 8. Let the Second Bail of the Applicant – Sanjay Kurrey, involved in 4 Crime No. 328/2025, registered at Police Station : Mana Camp, Raipur - District (C.G) for the offence punishable under Sections 309(6) 310(2) of the BNS 2023, 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 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. 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 Vaibhav