1 2026:CGHC:20200 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3964 of 2026 Yogesh Singh Thakur @ Monu Thakur S/o Manharan Singh Thakur Aged About 32 Years R/o. Bahatarai Road, Atal Awas Kamla Nehru Nagar Ward No. 40,lingiyadih Police Station Sarkanda, Tehsil And District Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Sarkanda District - Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Ms. Aditi Singhvi, Advocate. For Respondent(s) : Mr. Saumya Rai, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/04/2026 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 AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 connection with Crime No. 261/2026 registered at Police Station Sarkanda District - Bilaspur (C.G.) for the offence punishable under Sections 296, 351(3), 326(f), 119(1) of Bharaity Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the complainant is engaged in running an industry for manufacturing multi-coloured bags. It is alleged that the applicant had been repeatedly demanding illegal extortion money from the complainant and his wife. On 27.02.2026, the applicant allegedly demanded a sum of Rs.50,000/-, and upon refusal, threatened to set fire to their property. On the same day, in the evening, the applicant is further alleged to have assaulted the complainant’s minor son by slapping him and abusing the family. Thereafter, during the intervening night at about 1:00 AM, the goods and materials related to the complainant’s business were set ablaze, causing a loss of approximately Rs.3,00,000/-. Hence, the FIR came to be lodged. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. She further submits that there is no direct evidence connecting the applicant with the alleged offence, the prosecution case is completely bases on mere suspicion and circumstantial allegation, which are yet to be proved. The applicant is in jail since 28.02.2026, the applicant has five criminal 3 antecedents of the years 2017, 2020, 2021, 2022 and 2023 under the IPC, out of which, two cases have been disposed of as compromised arrived at between the parties, further the charge- sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant is alleged to have repeatedly demanded illegal extortion money of Rs.50,000/- from the complainant and his wife, and upon refusal, threatened to set their property on fire. It is further alleged that he assaulted the complainant’s minor son and abused the family, and thereafter, during the intervening night, set ablaze the complainant’s business goods and materials, causing a loss of about Rs.3,00,000/-. Furthermore, the applicant has five criminal antecedents of the years 2017, 2020, 2021, 2022 and 2023 under the IPC, 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, nature and gravity of offence, period of detention of the applicant since 28.02.2026, the fact that though the applicant is alleged to have demanded Rs.50,000 as extortion, threatened arson on refusal, assaulted the complainant’s minor son, and allegedly set 4 fire to the complainant’s business property causing loss of about Rs.3,00,000/-, but considering the fact that the applicant has five criminal antecedents of the years 2017, 2020, 2021, 2022 and 2023 under the IPC, out of which, two cases have been disposed of as compromised arrived at between the parties and the fact that charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Yogesh Singh Thakur @ Monu Thakur, involved in Crime No. 261/2026 registered at Police Station Sarkanda District - Bilaspur (C.G.) for the offence punishable under Sections 296, 351(3), 326(f), 119(1) of Bharaity Nyaya Sanhita (for short ‘BNS’), 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 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil