1 2025:CGHC:13380 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1603 of 2025 Amir Khan S/o Hamid Khan Aged About 25 Years R/o Kududand, P.S. Civil Line, Tahsil And District - Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through - Civil Line, District - Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Dheerendra Pandey, Advocate For Non-applicant : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.03.2025 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 who has been arrested in connection with Crime No. 1188/2024 registered at Police Station – Civil Line, District Bilaspur (C.G.) offence under Sections 309 (6) of the Bhartiya Nyay Sanhita, 2023. 2. Prosecution story in brief is that, a report was made by the 2 complainant i.e. manish kumar Kashyap before the police station civil line, in which he was stated that on 04.12.2024 at about 4.00 pm, I am working as engineer in Ghutku cold field, I was coming from field return his house reached in front of liquor shop then present applicant & co-accused Monu Gautam of kududand their two other friend have stop the complainant and committed mar-pit him then motorcycle of the complainant fallen down then monu Gautam took out purse from his pocket of the pant took out the 2000/- rupees that I had kept in it, and present applicant the gold ring worn on the right hand's index finger was forcibly taken away cost of Rs12,000/- Total of Rs 14,000/- looted from the complainant as per report police has registered the aforesaid offence against the applicant & other co-accused & investigate the matter during investigation police has arrest the applicant and other co-accused and recorded their memorandum statement as per memorandum statement recovered the stolen gold ring and hard cash from the possession of the applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He submits that there are 9 criminal cases registered against the present applicant out of which 4 cases are still pending, and in remaining 5 cases he has been acquitted. He further submits that the applicant is in jail since 05.12.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail. 4. On the other hand learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has already been submitted before the competent Court. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and further the fact that though the applicant has 9 criminal antecedents, out of which 4 cases are still pending, and in remaining 5 cases he has been acquitted, also considering the fact that the charge-sheet has already been submitted in the present case and he is in jail since 05.12.2024, 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 first Bail of the Applicant – Amir Khan, involved in Crime No. 1188/2024 registered at Police Station – Civil Line, District Bilaspur (C.G.) offence under Sections 309 (6) of the Bhartiya Nyay 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 cause, the trial court may 4 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 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 H.Ansari HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.03.22 10:47:19 +0530