1 2025:CGHC:7080 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 38 of 2025 Samandrova Najira D/o Vafabiwana Aged About 39 Years R/o Flat No. 44, First Floor, Kaalkaaji Delhi, New Delhi, Pincode- 11019 ... Applicant versus State of Chhattisgarh Through Sho, Police Station Ratanpur, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Shikhar Bakhtiyar, Advocate appearing through video conferencing. For Non-applicant : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.02.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 730/2024 registered at Police Station Ratanpur, District Bilaspur (C.G.) for the offence under Sections 109, 221, 132, 324 (4) of Bharatiya Nayay Sanhita, 2023. 2. Case of the prosecution, in brief is that the Police received information that a vehicle was being driven at a very high speed, which they found suspicious, the Police attempted to stop the vehicle, but the applicant ignored them and increased speed and managed to evade capturing by 2 the Ratanpur Police, however, the applicant was later on caught by the Koni Police, who stopped the vehicle by using barriers and a truck. Based on these allegations, an FIR was registered, and the applicant was arrested and is currently in jail. 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 is only one criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 16.11.2024 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 is one criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that the Police received information that a vehicle was being driven at a very high speed, which they found suspicious, the Police attempted to stop the vehicle, but the applicant ignored them and increased speed and managed to evade capturing by the Ratanpur Police, however, the applicant was later on caught by the Koni Police, who stopped the vehicle by using barriers and a truck, 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 there is only one criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 16.11.2024 and conclusion of the trial is likely to 3 take some time, I am inclined to allow this application. 7. Let the Applicant - Samandrova Najira, involved in Crime No. 730/2024 registered at Police Station Ratanpur, District Bilaspur (C.G.) for the offence under Sections 109, 221, 132, 324 (4) of BNS, be released on bail on furnishing personal bond with two local 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 the case, (ii) framing of charge and (iii) recording of statement 4 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. - Sd/- (Ramesh Sinha) Chief Justice Saxena ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA