1 2025:CGHC:11211 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1852 of 2025 Shekh Faijuddin S/o Shekh Nasiruddin Aged About 20 Years R/o Mohalla Khan Badi, Gali Number 02, Tayba Chowk, Tala Para, Thana Civil Line, District Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Sirgitti, District Bilaspur Chhattisgarh. ... Non-applicant For Applicant : Mr. Abdul Wahab Khan, Advocate. For Non-applicant/State. : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.03.2025 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. 519/2024 registered at Police Station Sirgitti, District - Bilaspur (C.G.), for the offences punishable under Section 309(4) of the Bhartiya Nyay Sanhita (BNS). 2. The prosecution's story, in brief, is that the complainant lodged a report at Sirgitti Police Station, stating that on July 18, 2024, at 3:30 ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.07 12:35:09 +0530 2 AM, he and his three friends went for a drive. When they reached Tifra, an unknown person threatened them and robbed their mobile phones, which included two iPhone 13, one iPhone 12, and one iPhone 14. Subsequently, the police at Sirgitti Police Station registered the crime bearing Crime No. 519/2024 under Section 309(4) of the BNS. During the investigation, the applicant was arrested on October 20, 2024, based on a memorandum related to Crime No. 562/2024, registered at Civil Line Police Station, Bilaspur, C.G. The police have submitted their final report to the trial Court. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the foresaid case. He submits that there is no seizure made from the applicant in the said crime. He also submits that the applicant has 03 criminal antecedents, under the IPC, Gambling Act and Arms Act which are pending trial. He also submits that the applicant is in jail since 20.10.2024, 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 present applicant and submits that the charge - sheet has already been submitted before the competent Court in the present case. 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 3 and further the fact that the applicant has 03 criminal antecedents, under the IPC, Gambling Act and Arms Act which are pending trial. Also considering the fact that the charge-sheet has already been submitted before the competent Court in the present case and the applicant has been languishing in jail since 20.10.2024, and conclusion of the trial may takes 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 – Shekh Faijuddin, involved in Crime No. 519/2024 registered at Police Station Sirgitti, District - Bilaspur (C.G.), for the offences punishable under Section 309(4) of the Bhartiya Nyay Sanhita (BNS), 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 proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail 4 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 Abhishek