1 2025:CGHC:11419 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1895 of 2025 Ritesh Pandey @ Lau Pandey @ Babu Pandit S/o Bhola Prasad Pandey Aged About 33 Years R/o Jabdapara, P.S. Sarkanda, Bilapsur, District - Bilaspur Chhattisgarh ... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, Police Thana - Sarkanda, District - Bilaspur Chhattisgarh ... Non-applicant For Applicant : Mr. Neeraj Choubey, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.03.2025 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. 1625/2024 registered at Police Station – Sarkanda, District Bilaspur (C.G.) for the offence under Sections 78(2), 351(2), 333, 296 of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's story, the complainant filed a written complaint alleging that the accused followed her, harassed her, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.07 20:18:16 +0530 2 trespassed on her property, and slapped her 10-year-old son. Based on this complaint, Crime No. 1625/2024 was registered by the police under Sections 78(2), 351(2), 333, and 296 of the BNS 2023. The applicant was subsequently arrested on 23.12.2024. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He argues that the entire prosecution case against the applicant is based on imagination and falsification, driven by a desire for revenge by the victim's family against the applicant. He further submits that the applicant poses no danger to anyone's life and has not committed the alleged act. Therefore, it would not be futile to release the applicant from jail. He also mentions that the applicant has three prior criminal cases, for which explanations have already been provided in the present bail application. He further submits that the applicant is in jail since 23.12.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 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. He further submits that the present applicant has 09 criminal antecedents of different nature, therefore, he is not entitled for grant of regular bail in the present case. 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 3 and the fact that though the applicant has 09 criminal antecedents, 03 criminal antecedents have already been explained in the bail application, furthermore, the charge-sheet has already been submitted before the competent Court and he is in jail since 23.12.2024, conclusion of the trial may take some time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Ritesh Pandey @ Lau Pandey @ Babu Pandit, involved in Crime No. 1625/2024 registered at Police Station – Sarkanda, District Bilaspur (C.G.) for the offence under Sections 78(2), 351(2), 333, 296 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 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