1 2025:CGHC:17460 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2156 of 2025 • Karan Gupta S/o Yogendra Gupta Aged About 21 Years R/o 117, Near Electricity Office, Charoda, Bhilai, Tehsil And District Durg Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Purani Bhilai District Durg Chhattisgarh (P.S. Wrongly Mentioned In The Impugned Order As Bhilai-3) ... Non-applicant For Applicant : Ms. Sweksha Sharma, Advocate For State : Mr. Hariom Rai, Panel Lawyer 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 first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is arrest in connection with Crime No.56/2025 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.21 13:02:18 +0530 2 registered at Police Station – Purani Bhilai, Dist: Durg (C.G.) for the offences punishable under Sections 309(6), 126(2), 296, 351(2), 115(2), 3(5) of BNS, 2023. 3. Case of the prosecution, in brief, is that on 16.02.2025 at about 11:45 PM when the complainant was going back towards his house from the daily needs shop the applicant along with other co-accused persons blocked the way of the complainant gave him death threats, hit the complainant with hand-fist and belt and looted a mobile phone to the tune of Rs. 3,000/-. 4. Learned counsel for the applicant submits that the applicant is innocent and he had not committed the alleged crime. He would further submit that there is no recovery has been made from the present applicant. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 5. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that the applicant have four previous criminal antecedent out of which three cases were disposed of and one case is pending against him. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, also considering the fact that there is no recovery has been made from the present applicant. and the fact that investigation and trial are likely to take time, therefore, I am inclined to grant bail to the present applicant. 3 8. Let applicant, Karan Gupta, involved in Crime No. 56 of 2025 registered at Police Station - Purani Bhilai, District – Durg, (C.G.) for the offence punishable under Sections 309(6), 126(2), 296, 351(2), 115(2), 3(5) of BNS, be released on bail on his furnishing a personal bond with two local 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. (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 sufficient 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 4 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. 9. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 10. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaishali