1 2025:CGHC:14369 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2349 of 2025 Babban @ Raj Sarthi S/o Chotu Sarthi @ Narottam Sarthi Aged About 20 Years R/o Chingrajpara, P.S. Sarkanda, District Bilaspur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, P.S. Sarkanda, District Bilaspur Chhattisgarh. ... Non-applicant For Applicant : Mr. Prasoon Agrawal, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.03.2025 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. 220/2024 registered at Police Station : Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Sections 341, 327, 294, 506 r/w Section 34 of the Indian Penal Code. 2. According to the prosecution's case, on 14.02.2024, at around 9:30, the applicant allegedly abused the complainant and his friends at ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.26 10:51:46 +0530 2 Laxmi Chowk, Chingrajpara Street, Bilaspur. It is also alleged that the applicant, along with co-accused persons, threatened the complainant and his friends with a knife to extort money. When the complainant and others refused to give in, the applicant and co- accused persons allegedly beat them with rods and bricks. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the complainant and the applicant have settled the dispute, and the complainant and other persons have given no objection before the learned trial Court. He also submits that the applicant has 04 criminal antecedents, which are pending trial. He also submits that the applicant is in jail since 27.10.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence and also considering the fact that the complainant and the applicant have settled the dispute, and the complainant and other persons have given no objection before the trial Court, charge- 3 sheet has also been filed before the competent Court and the applicant is in jail since 27.10.2024, conclusion of the trial is likely to take sometime, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Babban @ Raj Sarthi, involved in Crime No. 220/2024 registered at Police Station : Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Sections 341, 327, 294, 506 r/w Section 34 of the Indian Penal Code, be released on bail on his furnishing a personal bond with two 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 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 4 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 send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek