1 2025:CGHC:14949 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2006 of 2025 Surendra Singh Lohiya @ Vikas Sardar S/o Mahipal Singh Aged About 28 Years R/o Baba Colony, Milan Chowk, Camp-2, Bhilai, Police Station - Cantonment, Tehsil and District Durg, Chhattisgarh ... Applicant versus State of Chhattisgarh Through The SHO, Police Station Jamul, Durg, Chhattisgarh ...Non-Applicant For Applicant : Mr. Samdarsh Nirankari, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 27.03.2025 1. This is the Second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 271/2024 registered at Police Station - Jamul, District - Durg (C.G.), for the offence punishable under Sections 109 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that the complainant Rajneesh Chaudhary had previous dealings regarding money from with one PREETI KUMARI Digitally signed by PREETI KUMARI 2 accused Chetan Joshi, and he was not returning his money on repeated requests, when the said Chetan Joshi had told the present applicant about it, after which on the pretext of pledging his Scorpio car in exchange of Rs.1,50,000/- the complainant was called upon by the present applicant Vikas Sardar. Upon arriving at the spot and then calling Vikas Sardar, he told that I am standing behind the cloth store near Jalaram hotel. However, after that 4-5 people started roaming around the complainant, and one Deva Verma, and Mo. Shokat, attacked him with a thermocol cutter, after which he ran towards Nagsen school, and fell on the ground near a house, where he was again attacked by the same two people, and after the crowd started coming, they ran away from the spot. 5.2 That, an F.I.R. bearing crime no. 271/2024, was lodged at the Jamul Police Station, Durg, on 22.07.2024, and a charge sheet bearing no. 171-A/2024 was filed on 19.09.2024. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He further submits that the though the first bail application was dismissed on merits by this Court vide order 16.10.2024 passed in MCRC No. 7144/2024. He further submits that the applicant is languishing in jail since 8.8.2024 and it is stated that the till date no prosecution evidence has been recorded and further the co-accused who has assaulted the injured by thermocol cutter was a juvenile and he has been granted bail by the competent Court and the applicant is said to have only called the injured by calling on mobile. It is further submitted that the charge-sheet has been filed and the applicant has no previous criminal antecedents. Therefore, he prays that the applicant be enlarged on bail. 3 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of allegation made against the applicant and the fact that the first bail application was dismissed on merits by this Court vide order 16.10.2024 passed in MCRC No. 7144/2024 and the applicant is languishing in jail since 8.8.2024 and till date no prosecution evidence has been recorded and further the co-accused who has assaulted the injured by thermocol was a juvenile and he has been granted bail by the competent Court and the applicant is said to have only called the injured by calling on mobile phone, further the charge-sheet has been filed and the applicant has no previous criminal antecedents, this Court is of the view that the applicant is entitled to be released on bail. 7. Accordingly, the Second bail application is allowed. Let the applicant - Surendra Singh Lohiya @ Vikas Sardar, involved in Crime No. 271/2024 registered at Police Station - Jamul, District - Durg (C.G.), for the offence punishable under Sections 109 and 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS. (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 BNS. (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 sufficient 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. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti