1 2025:CGHC:17463 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2129 of 2025 1 - Rohit Kumar Sen S/o Shri Santuram Sen Aged About 36 Years R/o Village Belsonda, Ward No. 7, Police Station- Mahasamund, Tehsil And District- Mahasamund (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through- Police Station- Mahasamund (C.G.) ... Respondent/State (Cause title taken from CIS system) For Applicant : Mr. Ghanshyam Kashyap, Advocate For Respondent/State : Mr. Hariom Rai, PL Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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. 56/2025 registered at Police Station –Mahasamund, District- Digitally signed by AMIT PATEL 2 Mahasamund (C.G.), for the offence punishable under Section 308(2) of BNS, 2023. 3. Case of the prosecution, in brief, is that on 08.02.2025, the complainant- Puskar Chandrakar lodged the report at Police Station that on 05.02.2025 at about 9.30 PM, when he was drinking at a tea stall near Belsonda railway gate, at that time the present applicant came there and stated that he had some work and took him to Arang Khar on his motorcycle and called his brother namely Yogesh from his mobile and said that I am a policeman, I have caught your brother, I will send him to jail, if you want to get your brother released then give money, after which he gave Rs. 3,000/- in cash and Rs. 4,000 through ‘phone pe’. The applicant asked him to arrange for more money and left him near the railway gate and on the basis of above, a FIR lodged at Police Station- Mahasamund against the applicant and applicant has been arrested. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case, the applicant has not committed any offence for which he has been arrested and charged, the applicant is a 36 years old aged person and he supports his parents by doing private job and the applicant’s family is totally dependent on him, however, there is no direct or corroborative evidence linking the applicant to the alleged offence. He also submits that the applicant has six criminal antecedents under the Excise Act and IPC, in which he has already been acquitted, the applicant is in jail since 09.02.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. Learned counsel for the State/non-applicant would oppose the bail application and submit that the applicant has six criminal antecedents under the Excise Act and IPC and the same has been mentioned by 3 learned counsel for the applicant in his bail application, which shows he is a habitual offender. He further submits that the present applicant took the complainant- Pushkar Chandrakar to Arang Khar and called his brother Yogesh from his mobile by replicating himself as police ofÏcer so that he can extort the ransom money stating that he kept his brother as his hostage and to release him, 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 allegation levelled against the applicant and the fact that the applicant has six criminal antecedents under the Excise Act and IPC, however, he has already been acquitted of all the charges, he is in jail since 09.02.2025 and further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the applicant – Rohit Kumar Sen, involved in Crime No. 56/2025 registered at Police of Police Station – Mahasamund, District- Mahasamund (C.G.), for the offence punishable under Section 308 (2) of BNS, 2023, 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. 4 (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. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 10. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice AMIT PATEL