1 2025:CGHC:11218 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1829 of 2025 Vansh Pathak @ Chhote @ Babu S/o Uttam Pathak Aged About 20 Years R/o Durga Nagar, Pandri, Near Purana Shitla Mandir, P.S. Devendra Nagar, Raipur, District Raipur Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Pandri, District Raipur Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Mr. Rakhraj Baghel, Advocate. For Non-Applicant(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/03/2025 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. 336/2024 registered at Police Station Pandri, District Raipur (C.G.) for the offence punishable under Sections 309(6), 111, 3(5) of BNS and Section 25, 27 of Arms Act. 2. Case of the prosecution, in brief, is that the complainant's report, AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 stating that they were robbed of Rs.500 and their mobile phone by unknown individuals at a wine shop. The robbers allegedly used a knife to commit the crime. The police registered the case under various sections, including the Arms Act, against the unknown perpetrators. Following an investigation, the police arrested the present applicant based on the main accused's memorandum statement. Thereafter, offence has been registered against the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence, only on the basis of memorandum of the main accused, present applicant has been made and accused . He further submits that there is no any seizure of robbed items has been made from present applicant. The applicant is in jail since 05.12.2024, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that applicant alongwith other co- accused persons have robbed the complainant of Rs.500/- and has also took his mobile phones, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, 3 nature and gravity of offence, period of detention of the applicant since 05.12.2024, the fact that though the applicant alongwith other co-accused persons have robbed the complainant of Rs.500/- and has also took his mobile phones, but applicant has no criminal antecedents and 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. 7. Let the Applicant-Vansh Pathak @ Chhote @ Babu, involved in Crime No. 336/2024 registered at Police Station Pandri, District Raipur (C.G.) for the offence punishable under Sections 309(6), 111, 3(5) of BNS and Section 25, 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 4 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. 8. 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