1 2025:CGHC:12063 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1553 of 2025 Ashraf Ali Urf Babu Irani S/o Captain Ali Aged About 37 Years R/o Chantidih Irani, Police Station - Sarkanda, Tehsil District - Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through - Police Station - Sarkanda, District - Bilaspur (C.G.) ... Non-applicant For Applicant : Ms. Deepanjali Tiwari, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.03.2025 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 has been arrested in connection with Crime No. 914/2024 registered at Police Station Sarkanda, District Bilaspur (C.G.), for the offence punishable under Sections 332(c), 309(6), 127(2), 324(6) of the Bhartiya Nyaya Sanhita, 2023. 2. The case's facts reveal that the complainant alleged that on 09.08.2024, she was at home with her mother-in-law. Around 2:00 ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.12 10:51:53 +0530 2 pm, two individuals forcibly entered her home, held a silver-colored gun to her head, and snatched two mangalsutras and a ring valued at Rs. 70,000/-. They also damaged her phone by throwing it. Afterward, they locked the door from the outside and fled. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. She submits that the story narrated by the complainant is unreliable. On one hand, the complainant alleges that a robbery occurred, but on the other hand, the prosecution's story is that the complainant's mother-in-law, who was also in the house, did not hear anything unusual. This inconsistency raises reasonable doubts and apprehensions about the complainant's false implication of the applicant. She also submits that the applicant has 07 previous criminal antecedents, for which explanations have already been provided in the form of an afÏdavit. This afÏdavit has been annexed to the present bail application. She also submits that the applicant is in jail since 10.08.2024, conclusion of the trial may take some time. Therefore, she prays for grant of regular bail to the present applicant. 4. On the other hand, the 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. He further submits that looking to the criminal antecedents of the present applicant, the applicant is not entitled for grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Considering the facts and circumstances of the case and further the fact that the applicant has 07 previous criminal antecedents, for which explanations have already been provided in the form of an afÏdavit. This afÏdavit has been annexed to the present bail application, moreover, the charge-sheet has already been submitted before the competent Court in the present case and the applicant is in jail since 10.08.2024, conclusion of the trial may take some more 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 – Ashraf Ali Urf Babu Irani, involved in Crime No. 914/2024 registered at Police Station Sarkanda, District Bilaspur (C.G.), for the offence punishable under Sections 332(c), 309(6), 127(2), 324(6) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 sufÏcient 4 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 his, 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 sufÏcient 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. OfÏce 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 Abhishek