1 2025:CGHC:15023 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2482 of 2025 Vansh Pathak @ Chhote @ Babu S/o Uttam Pathak Aged About 20 Years R/o Durga Nagar, Devendra Nagar, Raipur, Near Purana Shitla Mandir, P.S. Devendra Nagar, Raipur, District Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Devendra Nagar, Raipur, District Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Rekhraj Baghel, Advocate. For Non-Applicant : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.03.2025 1. 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. 394/2024 registered at Police Station Devendra Nagar, Raipur, District Raipur, (C.G.) for the offence punishable under Sections 309(6), 111 and 5(3) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Sections 25 and 27 of Arms Act. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The case of the prosecution, in brief, is that the complainant lodged a report at the concerned police station stating that on the date of the incident, while he was present on the premises of a wine shop, some unknown persons arrived and looted a cash amount of Rs.200/- from him at knifepoint. Based on the complaint, the police registered a case under Sections 309(6), 111, and 5(3) of the B.N.S. and Sections 25 and 27 of the Arms Act against unknown persons. After investigation, the police arrested the present applicant based on the memorandum statement of the main accused. 3. Learned counsel for the applicant submits that the applicant is innocent and has not committed any offence and he has been falsely implicated in offence in question. He further submits that the prosecution has not collected the sufÏcient material from the possession of the applicant regarding loot of the said article. He further submits that police has not seized any said article from the possession of the applicant, and only on the basis of memorandum, the applicant has been arrested by the police. So far as the applicant is concerned it is stated that he assaulted the injured with a sharp knife, who has sustained injuries which is non vital part of the body. He further submits that the injured person was received injuries simple in nature nor any in a grievous nature. He further submits that the applicant is in jail since 23.12.2024, the applicant has 01 criminal antecedent which is pending, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the present applicant arrived and looted a cash amount of Rs.200/- from the complainant at knifepoint and the knife has been recovered from the possession of the applicant. She further submits that the present applicant has 01 previous criminal antecedent under the same nature, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 23.12.2024, the fact that though the applicant looted a cash amount of Rs.200/- from the complainant at knifepoint and the knife was recovered from his possession, but the present applicant assaulted the injured with the knife, who has sustained injuries which is non vital part of the body, the injured person was received injuries simple in nature nor any in a grievous nature, further the applicant has 01 criminal antecedents which is pending and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Vansh Pathak @ Chhote @ Babu, involved in Crime No. 394/2024 registered at Police Station Devendra Nagar, Raipur, District Raipur, (C.G.) for the offence punishable under Sections 309(6), 111 and 5(3) of Bharatiya Nyaya Sanhita, 2023 4 (for short ‘BNS’) and Sections 25 and 27 of Arms Act, be released on bail on their 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 the case, (ii) framing of charge and (iii) recording of 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan