1 2025:CGHC:12903 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2151 of 2025 Shubham Kumar S/o Vinod Kumar Aged About 26 Years R/o Maharani Ward No.-14, Bodhghat, Jagdalpur, Distt.- Bastar (C.G.) ... Applicant versus State of Chhattisgarh Through - P.S.- Kotwali, Jagdalpur, District – Bastar (C.G.) ---- Non-applicant For Applicant : Mr. Vikash A. Shrivastava, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 474/2024, registered at Police Station – Kotwali, Jagdalpur, District – Bastar (C.G.) for the offence punishable under Sections 309(6), 3(5) and 311 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 25 and 27 of the Arms Act. 2. The case of the prosecution, is that when the complainant was heading to Dalpat Sagar on the night of October 13, 2024, the applicant and RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 others allegedly looted him and his friend, they have stolen two mobiles and Rs. 5,500/- in cash, the Police investigated the matter and arrested the applicant and the co-accused and seized Rs. 600/- from the applicant’s possession. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are 2 criminal antecedents registered against the present applicant in which he is on bail. It is further submitted that the co-accused has already been enlarged on bail vide order dated 12.02.2025 passed in MCRC No. 1204/2025. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 14.10.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are 2 criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that when the complainant was heading to Dalpat Sagar on the night of October 13, 2024, the applicant and others allegedly looted him and his friend, they have stolen two mobiles and Rs. 5,500/- in cash, the Police investigated the matter and arrested the applicant and the co-accused and seized Rs. 600/- from the applicant’s possession, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that 3 there are 2 criminal antecedents registered against the present applicant in which he is on bail, further the fact that the co-accused has already been enlarged on bail vide order dated 12.02.2025 passed in MCRC No. 1204/2025, charge-sheet has been filed against the applicant, the applicant is in jail since 14.10.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Shubham Kumar, involved in Crime No. 474/2024, registered at Police Station – Kotwali, Jagdalpur, District – Bastar (C.G.) for the offence punishable under Sections 309(6), 3(5) and 311 of the BNS and Sections 25 and 27 of the 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 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar