1 2025:CGHC:17641 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2520 of 2025 Deepak Naidu S/o Chandrashekhar Aged About 30 Years R/o Tata Line, Camp-2, Ward No. 26, Durg, Tehsil And District- Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through S.H.O. Police Station Old Bhilai, Durg, District- Durg (C.G.) ... Non-Applicant(s) For Applicant : Mr. Avinash Chand Sahu, Advocate For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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. 564/2024 registered at Police Station- Old Bhilai, District- Durg (C.G.), for the offence punishable under Sections 309(4), 311 and 3(5) of the BNS 2023 (correspondence Section in IPC is 392, 397 and 34). KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 3. Case of the prosecution, in brief is that a written report has been lodged by the complainant Aijaj Alam against the accused before police station Old Bhilai stating therein that on 21.12.2024 complainant Aijaj and one Hemant Bharti went to Engineering Park Hathkhoj, where at around 11.00 pm, Hemant Bharti went to sleep in the hut built inside the foundation and complainant Aijaj was sleeping in his car. At around 02.05 am some unknown person came near his car and started banging the door of the car loudly, on opening the door, a person who was holding a knife in his hand, started threatening the complainant and one of the other co- accused person came tried to kill him with the knife, then two other co-accused persons came to the complainant and with the help of showing the knife, they looted Rs 4400/- from the pocket of the complainant and ran away with the help of other co-accused who was riding a motorcycle then he narrated the above incident to his concerned police station and lodged a report in in above mentioned sections and as per memorandum of present applicant and other co-accused the police has arrested the present applicant and it is alleged that the present applicant has snatched the above rupees. 4. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in the instant case. He further submits that only on the basis of memorandum statement of the other co-accused the present applicant has been arrested and just to conclude the investigation of other case, the concerned police station has arrested the present applicant and concluded the proceedings of other cases. He also submits that there is no eye 3 witness of the case and proper identification has not done by the prosecution and further from possession of the applicant, nothing has been recovered and he is in jail since 22.12.2024 and in the present case, charge-sheet has been filed before the competent Court further the applicant has two previous criminal antecedents out of which one case is under the Excise Act, which is still pending and he has no knowledge about another one and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that the applicant along with co-accused have committed loot of Rs. 4400/- from the complainant by showing knife and tried to kill him. She further stated that the applicant has two previous criminal antecedent out of which one case is under the Excise Act and in the present case, charge-sheet has been filed before the competent Court and there was no recovery made from the possession of the present applicant however, the said loot amount was recovered from the co-accused but looking to the seriousness of this case, the present applicant is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 22.12.2024 and the fact that the applicant along with co-accused have committed loot of Rs. 4400/- from the complainant by showing 4 knife and tried to kill him however, there was no recovery made from the possession of the present applicant and the present applicant is not a main accused, the said loot amount was recovered from the co-accused and further the applicant has two previous criminal antecedent out of which one case is under the Excise Act and in the present case, charge-sheet has been filed before the competent Court and the trial is likely to take some time for its conclusion, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicant. 8. Let the applicant – Deepak Naidu, involved in Crime No. 564/2024 registered at Police Station- Old Bhilai, District- Durg (C.G.), for the offence punishable under Sections 309(4), 311 and 3(5) of the BNS 2023 (correspondence Section in IPC is 392, 397 and 34), 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 5 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 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. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal