1 2025:CGHC:17205 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1752 of 2025 Vikas Tapadiya S/o Ashok Tapadiya Aged About 21 Years R/o. Village - Khamtarai, Thana And Tahsil - Khairagarh, District- Khairagarh-Chhuikhadan- Gandai (KCG), Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through- The Police Station Thelkadih, District- Khairagarh-Chhuikhadan-Gandai (KCG), Chhattisgarh. ... Respondent For applicant : Shri Siddharth Pandey, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 21/2025 registered at Police Station Thelkadih, District Khairagarh- Chhuikhadan-Gandai (KCG), CG. for the offence punishable under Section 309(4) of the BNS. 3. Case of the prosecution, in brief, is that on 03.02.2025, the complainant GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.21 10:48:37 +0530 2 Sandeep Kumar Vishwakarma lodged a written complaint stating that he works for ABIS Company in Village Chaveli. On 02.02.2025, he had gone to see a night kabaddi match. While coming back at about I am near Khairagarh-Rajnandgaon main road, three persons came in a scooty and on the pretext of asking for directions, the accused person sitting in the middle of the scooty, snatched his mobile phone. On such a complaint, the offence punishable under Section 309(4) of the BNS was registered against the applicant and other co-accused persons. During the investigation of Crime No. 22/2025 which was registered at a later point in time at the Police Station Thelkadih, the complicity of the accused persons Mohd. Salman @ Batay, Dipesh Netam and the present applicant came to light and on the basis of their statement, they were roped into the case. 4. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely been implicated in the present case. He would submit that the complainant Sandeep Vishwakarma had given his no objection in granting bail to the applicant before the learned Sessions Court however that was not considered. He would further submit that the applicant is having one criminal antecedent bearing Crime No. 22/2025 registered at Police Station Thelkadih, District Khairagarh-Chhuikhadan- Gandai CG in which the applicant was granted bail vide order dated 05.02.2025 by the learned Judicial Magistrate First Class Khairagarh, District Rajnandgaon, CG at the remand stage looking to the quantity of the contraband Ganja i.e. 250 grams. He would submit that the applicant is in jail since 04.02.2025 and the trial will take long time for its conclusion, hence, he prays for grant of regular bail to the applicant. 5. On the other hand, learned State Counsel opposes the prayer for grant of bail to the applicant. He would submit that charge sheet has not been 3 filed in this case. He would submit that mobile has been recovered from the applicant and there is one criminal antecedent against the applicant under the NDPS Act. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, mobile has been recovered from the applicant, also considering the fact that the applicant has one criminal antecedent bearing Crime No. 22/2025 registered at Police Station Thelkadih, District Khairagarh-Chhuikhadan-Gandai CG in which the applicant has been granted bail vide order dated 05.02.2025 by the learned Judicial Magistrate First Class Khairagarh, District Rajnandgaon, period of detention of the applicant since 04.02.2025 and trial will take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant – Vikas Tapadiya, involved in Crime No. 21/2025 registered at Police Station Thelkadih, District Khairagarh-Chhuikhadan- Gandai (KCG), CG. for the offence punishable under Section 309(4) of the BNS, 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. 4 (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS is issued and the applicant fail 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 copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri