SAMEER UIKEY vs STATE OF CHHATTISGARH

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CGHC010334012026 2026:CGHC:38564
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7978 of 2026
Sameer Uikey S/o Shri Raju Singh Uikey, Aged About 20 Years, R/o Village-
Belha, Police Station- Pachpedi, District- Bilaspur (C.G.)
... Applicant
versus
State of Chhattisgarh Through Station House Officer, Police Station Koni, Distt.
Bilaspur (C.G.)
Digitally
signed by
PREETI
KUMARI
Date:
2026.09.01
16:30:29
+0530
PREETI
KUMARI
... Non-Applicant
For Applicant : Mr. Ishwar Jaiswal, Advocate.
For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
01.09.2026
1. This is the first bail application filed under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant
who has been arrested in connection with Crime No. 171/2026 registered
at Police Station - Koni, District - Bilaspur (C.G.), for the offence
punishable under Section 310(2) of Bharatiya Nyaya Sanhita, 2023.
2. The prosecution case, in brief, is that the complainant, Sunil Kumar
Yadav, is engaged in contract work relating to roof centering and requires
labourers for the said work. It is alleged that the co-accused, namely,
Abhay Singh Uikey, Prakash and Manoj, contacted the complainant for
providing labourers and, after receiving an advance payment of
Rs.1,000/-, called him to Bilaspur. Accordingly, on 14.04.2026, the

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complainant reached Bilaspur, where he was taken by the aforesaid
persons to Koni Polytechnic College, where their other co-accused
persons were present. It is further alleged that at about 1:30 p.m., at a
deserted place, the accused persons threatened the complainant and
took away his blue and white bag containing Rs.45,000/-, a cheque book,
ATM card, passbook and other documents. Thereafter, the accused
persons allegedly fled from the spot. On 17.04.2026, the complainant
lodged a report at Police Station Koni, pursuant to which the offence was
registered, and the applicant was subsequently implicated during the
course of investigation.
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. It is further submitted
that and the charge-sheet has already been filed before the competent
Court. He further submits that the alleged incident is stated to have taken
place on 14.04.2026, whereas the complainant lodged the report only on
17.04.2026, resulting in an unexplained delay of about three days,
despite the fact that the concerned Police Station is situated at a distance
of only about 1.5 kilometres from the alleged place of occurrence. He also
submits that the applicant's name is not mentioned in the FIR. The
applicant is in judicial custody since 15.05.2026. He also submits that the
applicant has no previous criminal antecedents and the conclusion of the
trial is likely to take considerable time and, therefore, the applicant
deserves to be enlarged on regular bail.
4. On the other hand, learned State counsel opposes the prayer for grant of
bail and submits that the charge-sheet has been filed. She further submits
that an amount of Rs.1,000/- was recovered from the possession of the
applicant. Therefore, considering the recovery made from the applicant,
he is not entitled to be released on bail.

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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 the offence, period of detention of the applicant since
15.05.2026, the fact that the charge-sheet has already been filed before
the competent Court, the applicant has no previous criminal antecedents,
and the conclusion of the trial is likely to take some time, this Court is
inclined to allow the present application.
7. Accordingly, the bail application of the applicant is allowed .
Let the applicant – Sameer Uikey, involved in Crime No. 171/2026
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registered at Police Station - Koni, District - Bilaspur (C.G.), for the
offence punishable under Section 310(2) of Bharatiya Nyaya 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 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

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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.
Office is directed to send a certified copy of this order to the trial Court for
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necessary information and compliance. dirurt fo forthwith.
- S/- Sd/-
(Ramesh Sinha)
Chief Justice
Preeti