1 CGHC010254482026 2026:CGHC:30639 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1852 of 2026 Roshan Giri Goswami S/o Raju Giri Goswami Aged About 19 Years Resident Of Near Hardaul Mandir, Chana Murra Gali Gondpara, Police Station City Kotwali, District Bilaspur (C.G.) ... Petitioner versus State Of Chhattisgarh Through- Station House Officer, Police of Police Station City Kotwali, District – Bilaspur (C.G.) ... Respondent(s) For Petitioner : Mr. A.D. Kuldeep, Advocate. RAJSHEKHAR SONI For Respondent : Mr. Shailendra Sharma, Panel Lawyer. Digitally signed by RAJSHEKHAR SONI Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 20.07.2026 1. Heard Mr. A.D. Kuldeep, learned counsel for the petitioner as well as Mr. Shailendra Sharma, learned Panel Lawyer appearing for the respondent/State. 2. By way of this petition under Section 528 BNSS, the petitioner has prayed for following relief:- “It is, therefore, prayed that this Hon'ble Court may kindly be pleased allow the application and also be pleased to modification of order dated 01-05-2026, whereby the petitioner was directed to furnish surety/bail bond to the satisfaction of the learned trial court and the petitioner may be permitted to furnish the 2 personal bail bond and the ptitioner may be released on bail, in the interest of justice.”

3. Learned counsel for the petitioner has preferred this petition seeking modification of the conditions in the order dated 01.05.2026 passed in MCRC No. 3002 of 2026, granting bail to the petitioner. 4. The petitioner was granted bail by impugned order of this Court dated 01.05.2026 with the condition to execute a personal bond with two sureties to the satisfaction of the concerned trial Court, as has been mentioned in the para 7 of the said order. 5. Learned counsel for the petitioner submits that the petitioner is a poor person and his financial conditions are weak, and therefore, he is unable to comply with the conditions stipulated by this Court in order dated 01.05.2026 while granting bail to him and, therefore, he could not be released on bail. He relied on the order dated 29.03.2022 passed in CRA No.1239 of 2019 (Pardeshi @ Ratiram @ Raturam and others vs. State of Chhattisgarh) wherein this Court relying on the judgments of Supreme Court in the cases of Moti Ram and others vs. State of M.P. reported in (1978) 4 SCC 47 and Hussainara Khatoon and others (I) vs. Home Secretary, State of Bihar reported in (1980) 1 SCC 81 directed the petitioner therein to be released on bail on executing only personal bond of Rs.25,000/- for the like amount to the satisfaction of the trial Court and exempted other conditions 3 stipulated earlier while granting bail to the petitioner therein. Hence, praying similar direction / modification in the order dated 01.05.2026 is prayed for.

6. Learned State counsel has no objection. He further submits that the issue of enlarging accused/convict on his executing only personal bond has been elaborately dealt with by this Court in the case of Bhawan Singh and others vs. State of Chhattisgarh (CRA No.1607 of 2015), order dated 11.05.2022, wherein this Court after considering the principle of law laid down by the Supreme Court in the cases of Moti Ram (supra) and Hussainara Khatoon (supra) in great detail coupled with other provisions of law directed the petitioner therein to be released on his executing only personal bond, which direction can also be issued in the present case. 7. Having heard the learned counsel of the parties, taking into consideration the facts and circumstances of the case, specially considering the fact that the petitioner is a poor person and his financial conditions are weak, therefore, he is unable to comply with the conditions stipulated by this Court in order dated 01.05.2026 while granting bail to him and in view of decisions of the Supreme Court in the matters of Moti Ram (supra) and Hussainara Khatoon (supra) as well as the order of this Court passed in the case of Bhawan Singh (supra), we deem it appropriate to direct that the petitioner – Roshan Giri Goswami, 4 be released on bail on his executing only a personal bond to the satisfaction of the trial Court concerned.

8. The petitioner is also directed to assure his presence before the Chief Judicial Magistrate concerned on 15th working day of every month, until the trial of the present case be concluded. 9. Accordingly, the order dated 01.05.2026 is modified to the extent indicated above. 10. In view of the same, the present CRMP is allowed. 11. A copy of this order be placed in the record of MCRC No. 3002 of 2026. 12. Let a certified copy of this order be sent to the trial Court concerned, for necessary compliance and follow up action, if any. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar

1 CGHC010254482026 2026:CGHC:30639 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1852 of 2026 Roshan Giri Goswami S/o Raju Giri Goswami Aged About 19 Years Resident Of Near Hardaul Mandir, Chana Murra Gali Gondpara, Police Station City Kotwali, District Bilaspur (C.G.) ... Petitioner versus State Of Chhattisgarh Through- Station House Officer, Police of Police Station City Kotwali, District – Bilaspur (C.G.) ... Respondent(s) For Petitioner : Mr. A.D. Kuldeep, Advocate. RAJSHEKHAR SONI For Respondent : Mr. Shailendra Sharma, Panel Lawyer. Digitally signed by RAJSHEKHAR SONI Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 20.07.2026 1. Heard Mr. A.D. Kuldeep, learned counsel for the petitioner as well as Mr. Shailendra Sharma, learned Panel Lawyer appearing for the respondent/State. 2. By way of this petition under Section 528 BNSS, the petitioner has prayed for following relief:- “It is, therefore, prayed that this Hon'ble Court may kindly be pleased allow the application and also be pleased to modification of order dated 01-05-2026, whereby the petitioner was directed to furnish surety/bail bond to the satisfaction of the learned trial court and the petitioner may be permitted to furnish the 2 personal bail bond and the ptitioner may be released on bail, in the interest of justice.”

3. Learned counsel for the petitioner has preferred this petition seeking modification of the conditions in the order dated 01.05.2026 passed in MCRC No. 3002 of 2026, granting bail to the petitioner. 4. The petitioner was granted bail by impugned order of this Court dated 01.05.2026 with the condition to execute a personal bond with two sureties to the satisfaction of the concerned trial Court, as has been mentioned in the para 7 of the said order. 5. Learned counsel for the petitioner submits that the petitioner is a poor person and his financial conditions are weak, and therefore, he is unable to comply with the conditions stipulated by this Court in order dated 01.05.2026 while granting bail to him and, therefore, he could not be released on bail. He relied on the order dated 29.03.2022 passed in CRA No.1239 of 2019 (Pardeshi @ Ratiram @ Raturam and others vs. State of Chhattisgarh) wherein this Court relying on the judgments of Supreme Court in the cases of Moti Ram and others vs. State of M.P. reported in (1978) 4 SCC 47 and Hussainara Khatoon and others (I) vs. Home Secretary, State of Bihar reported in (1980) 1 SCC 81 directed the petitioner therein to be released on bail on executing only personal bond of Rs.25,000/- for the like amount to the satisfaction of the trial Court and exempted other conditions 3 stipulated earlier while granting bail to the petitioner therein. Hence, praying similar direction / modification in the order dated 01.05.2026 is prayed for.

6. Learned State counsel has no objection. He further submits that the issue of enlarging accused/convict on his executing only personal bond has been elaborately dealt with by this Court in the case of Bhawan Singh and others vs. State of Chhattisgarh (CRA No.1607 of 2015), order dated 11.05.2022, wherein this Court after considering the principle of law laid down by the Supreme Court in the cases of Moti Ram (supra) and Hussainara Khatoon (supra) in great detail coupled with other provisions of law directed the petitioner therein to be released on his executing only personal bond, which direction can also be issued in the present case. 7. Having heard the learned counsel of the parties, taking into consideration the facts and circumstances of the case, specially considering the fact that the petitioner is a poor person and his financial conditions are weak, therefore, he is unable to comply with the conditions stipulated by this Court in order dated 01.05.2026 while granting bail to him and in view of decisions of the Supreme Court in the matters of Moti Ram (supra) and Hussainara Khatoon (supra) as well as the order of this Court passed in the case of Bhawan Singh (supra), we deem it appropriate to direct that the petitioner – Roshan Giri Goswami, 4 be released on bail on his executing only a personal bond to the satisfaction of the trial Court concerned.

8. The petitioner is also directed to assure his presence before the Chief Judicial Magistrate concerned on 15th working day of every month, until the trial of the present case be concluded. 9. Accordingly, the order dated 01.05.2026 is modified to the extent indicated above. 10. In view of the same, the present CRMP is allowed. 11. A copy of this order be placed in the record of MCRC No. 3002 of 2026. 12. Let a certified copy of this order be sent to the trial Court concerned, for necessary compliance and follow up action, if any. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar