1 2025:CGHC:17192 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1850 of 2025 Indra Kumar Verma Alias Pintu S/o Daulal Verma Aged About 24 Years R/o Village- Khamhariya, P.S. Tilda-Nevra, District- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Tilda-Nevra, District- Raipur (C.G.) ... Non-Applicant For Applicant :Mr. Priyank Rathi, Advocate. For Non-Applicant/State :Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.04.2025 1. Proceedings of this matter have been taken through video-conferencing. 2. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 528/2024, registered at Police Station – Tilda-Nevra, District- Raipur (C.G.) for the offence punishable under Sections 309(6) and 317(2) of Bharatiya Nyaya Sanhita, 2023.(offence correctly mentioned as page No. 9 of Annexure A/1). PREETI KUMARI Digitally signed by PREETI KUMARI 2 3. The case of the prosecution, is that the complainant lodged a complaint stating that he is working in the Nakoda Pipe Impex Pvt. Ltd. Khamhariya as a helper. On 03.11.2024, at about 5:30 in the evening, he went to purchase ration items at nearby village Nakti Khapri and when he was returning, at about 6:30 in the evening when he reached near gate No. 2 of the company, 3 persons who had covered their faces with cloth, came and stopped the vehicle and surrounded and caught him, and one of them hit his left hip with a sharp object which they were carrying, due to which he fell down on the ground because of injury and then, all three persons had beaten and robbed his phone worth Rs. 18,000/-. On the said complaint, the accused persons were arrested by the Police. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that no recovery has been made from the possession of the present applicant and the injury sustained by the complainant is simple in nature, further the charge-sheet has been filed in this case. The applicant is in jail since 08.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature 3 and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, further no recovery has been made from the possession of the present applicant, the charge-sheet has been filed against the applicant, the applicant is in jail since 08.01.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Accordingly, the bail application is allowed. Let the applicant - Indra Kumar Verma Alias Pintu, involved in Crime No. 528/2024, registered at Police Station – Tilda-Nevra, District- Raipur (C.G.) for the offence punishable under Sections 309(6) and 317(2) of Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a 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 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 4 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. 9. 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 Preeti