1 2025:CGHC:17195 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1831 of 2025 Ravi S/o Late Jagdev Aged About 25 Years Caste Nai, R/o Ghutari Dafai, Ward No. 9 Nagar Palika Shivpur Charcha, Police Station Charcha, Tehsil Baikunthpur, District Korea, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Charcha, District Korea, Chhattisgarh ... Non-Applicant For Applicant : Mr. Ranjana Jaiswal, Advocate. For Non-Applicant : Ms. Ankita Shukla, 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. 43/2025, registered at Police Station – Charcha, District - Korea (C.G.) for the offence punishable under Sections 3(5), 331(6), 305(a) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act. PREETI KUMARI Digitally signed by PREETI KUMARI 2 3. The case of the prosecution, is that on 01-02.02.2025 in the midnight resident of Ghutari Dafai, Sudesh @ Suman Panika, Vijay Basor, Vishal Panika, holdings swords and sticks in the hands, threatened to cut and kill the security guard Prahlad and forcibly entered the store room and stole the copper wire. On the written report of the applicant Prahlad a First Information Report has been registered against the accused Sudesh @ Suman Panika, Vijay Basor, Vishal Panika. During the investigation, the said accused were taken into custody and their memorandum statement was recorded, which revealed that in the said incident, the applicant/accused Ravi cut the copper wire with a knife. The investigation in the case in ongoing. Hence, this bail application. 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 the charge-sheet has been filed in this case. The applicant is in jail since 07.02.2025 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. It is further submitted that from the possession the applicant knife was seized, therefore, he is not entitled for grant of bail. 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 and gravity of allegation levelled against the applicant and the fact that 3 there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 07.02.2025 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 - Ravi, involved in Crime No. 43/2025, registered at Police Station – Charcha, District - Korea (C.G.) for the offence punishable under Sections 3(5), 331(6), 305(a) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act, 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 the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall 4 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