1 2025:CGHC:12090 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1998 of 2025 Atul Yadav S/o Umesh Yadav Aged About 19 Years R/o Nutan Chowk, Sarkanda, Police Station Sarkanda Bilaspur, Tehsil And District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through- Station House OfÏcer, Police Station Sarkanda District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Ram Kumar Tiwari, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 181/2025, registered at Police Station : Sarkanda District- Bilaspur, (C.G.) for the offence punishable under Section 304(2) of Bhartiya Nyay Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant lodged a written complaint at Sarkanda Police Station on 31-01-2025, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 alleging that on 30-01-2025, at around 11:00 pm, while she was returning after having dinner, a boy approached her from behind near Gaya Academy and snatched her mobile phone worth approximately Rs. 60,000/-, bearing SIM No. 7804873040. Based on this complaint, FIR No. 181/2025 was registered under Section 304(2) of the BNS. During the investigation, the applicant was identified based on CCTV footage and was subsequently questioned. He admitted to committing the crime, and in the presence of witnesses, the stolen mobile phone was recovered from his possession. Thereafter, he was arrested. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He also submits that the applicant is a student and his long detention will adversely affect his health and mind amongst the hardened criminals. He further submits that the alleged offences are not exclusively punishable with death or imprisonment for life. He also submits that the applicant is ready to abide by any condition to be imposed on him and he is ready to cooperate with investigation of Seepat Police. He further submits that the present applicant has only 01 criminal antecedent and the present applicant is in jail since 30.01.2025 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the complainant reported on 31-01-2025 that on 30-01-2025, around 11:00 pm, a boy snatched her Rs. 60,000/- mobile near Gaya 3 Academy. Based on CCTV footage, the applicant was identified, questioned, and admitted to the crime. The stolen mobile was recovered from him. He further submits that the present applicant has 01 criminal antecedent under the similar nature, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that though the present applicant has snatched her Rs. 60,000/- mobile near Gaya Academy, the stolen mobile was recovered from him and he has 01 criminal antecedent which is pending, but the applicant is a student of Class-XII and the charge-sheet has been filed before the competent Court and he is in jail since 30.01.2025 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Atul Yadav, involved in Crime No. 181/2025, registered at Police Station : Sarkanda District- Bilaspur, (C.G.) for the offence punishable under Section 304(2) of Bhartiya Nyay Sanhita, 2023, be released on bail on furnishing 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 4 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, 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan