1 2025:CGHC:11431 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1875 of 2025 Ashwani Choubey S/o Satyanarayan Choubey Aged About 26 Years R/o Sudna Daltonganj P/s Daltonganj District - Palamu (Jharkhand ) ... Applicant(s) versus The State Of Chhattisgarh Through The Police Station Shankargarh District - Balrampur - Ramanujganj (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rahul Mishra, Advocate. For Respondent(s) : Mr. Amit Verma, Panel Lawyer. For Objector : Mr. Harish Khutiya, Advocate. 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 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. 175/2024 registered at Police Station Shankargarh District - Balrampur - Ramanujganj (C.G.) for the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 offence punishable under Sections 109, 3(5), 61, 58 of BNS and Section 25, 27 of Arms Act. 2. Case of the prosecution, in brief, is that on October 19, 2024, at approximately 5:30 P.M. The complainant's elder brother informed them via phone that their uncle, Vasudav Yadav, had been shot by an unknown individual near the Bhukurtuaai forest. As a result, Vasudav Yadav sustained injuries to his right hand, elbow, chest, and back. The complainant rushed to the scene and took the injured Vasudav Yadav to Shankargarh Hospital. Subsequently, the complainant filed a First Information Report (FIR) against an unknown person. During the investigation, it was alleged that the present applicant assisted in providing a pistol to the co-accused person. Consequently, the applicant was arrested, and the police from Shankargarh Police Station filed a charge sheet. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that there are five accused persons, including the applicant involved in the present case and the name of present applicant has come in light from the memorandum statement of the co-accused Sukesh, who has assaulted the injured with fire arm weapon i.e. pistol and it is alleged that the fire arm was purchased from the applicant, but there appears to be no documentary evidence to show that same. The applicant is in jail since 21.10.2024, the applicant has no criminal antecedent, charge- sheet has been filed and the trial is likely to take some time for its 3 conclusion. Therefore, he prays for grant of bail to the applicant. 4. Learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. 5. Learned counsel for the objector opposes the bail application and submits that it was the applicant who arranged fire arm for co- accused, Shukesh, who alongwith another co-accused, shot the injured in the right hand, injuring him they both escaped on the motorcycle, further it is an organized crime, therefore, he is not entitled for grant of bail. 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, period of detention of the applicant since 21.10.2024, the fact that the main accused in the present case is Sukesh, who alongwith another co-accused, shot the injured in the right hand and after injuring him escaped the scene, the allegation against present applicant that he facilitated the procurement of a firearm for co-accused, Sukesh, for committing the said offence, further the case of present applicant is distinguishable from that of the co-accused, Sukesh, who shot the injured, the applicant has no criminal antecedent, charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant-Ashwani Choubey, involved in Crime No. 175/2024 registered at Police Station Shankargarh District - 4 Balrampur - Ramanujganj (C.G.) for the offence punishable under Sections 109, 3(5), 61, 58 of BNS and Section 25, 27 of Arms Act, be released on bail on his furnishing a personal bond with two local 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 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, 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil