1 2025:CGHC:16202 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2710 of 2025 1 - Kartik Shetty S/o Vasudev Shetty Aged About 20 Years R/o Village Shikshak Colony, Sambalpur, Police Station Bhanupratappur, District Uttar Bastar Kanker Chhattisgarh. 2 - Nasruddin Khan S/o Abdul Gaffar Khan Aged About 26 Years R/o Village Shikshak Colony, Sambalpur, Police Station Bhanupratappur, District Uttar Bastar Kanker Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Bhanupratappur, District Uttar Bastar Kanker Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Shivendu Pandya, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 connection with Crime No. 125/2024 registered at Police Station Bhanupratappur, District Uttar Bastar Kanker (C.G.) for the offence punishable under Sections 392, 397, 294, 323, 506, 341 and 394 of the Indian Penal Code. 3. Case of the prosecution, in brief, is that the complainant, Krishnakant Sahu, lodged a report alleging therein that on June 14, 2024, between 3:30 P.M. and 3:40 P.M., he was attacked by Kartik Shetty, Vasudev Shetty, and Nasruddin Khan near the entrance of Shitala Temple in Chhote Narayanpur. The accused allegedly arrived on a motorcycle, physically assaulted the complainant, and threatened to kill him while brandishing a knife. They stole Rs.6,400/- in cash and a cutter machine, thereafter, aforesaid offence has been registered against the applicants and subsequently, they were arrested. Hence, the bail application. 4. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that one of the identically situated co-accused, namely, Vasudev Setti has already been granted regular bail by this Court vide order dated 16.01.2025 in MCRC No.437/2025, so far as seizure from the applicants are concerned, from applicant No.1, there is seizure of Rs.2,000/- and knife and from applicant No.2, there is seizure of cutter has been made. The applicants are in jail since 15.06.2024, the applicants have no criminal antecedent, 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 applicants. 3 5. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that applicants alongwith another co-accused have physically assaulted the complainant, they threatened to kill him while brandishing a knife, they also stole Rs.6,400/- in cash and a cutter machine from complainant, further there is seizure of Rs.2,000/- and knife from applicant No.1 and cutter from applicant No.2, therefore, applicants are not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 15.06.2024, the fact that though the applicants alongwith another co-accused are alleged to have physically assaulted the complainant, threatened to kill him while brandishing a knife and stole Rs.6,400/- in cash & a cutter machine from him and there is also seizure of Rs.2,000/- & knife from applicant No.1 and cutter from applicant No.2, but one of the co-accused persons, namely, Vasudev Setti has already been granted regular bail by this Court vide order dated 16.01.2025 in MCRC No.437/2025 and the case of present applicants is identical to that of the co-accused, so far as criminal antecedents of the applicants are concerned, applicants have no criminal antecedents and charge-sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. 4 8. 4 8. Let the Applicants-Kartik Shetty and Nasruddin Khan, involved in Crime No. 125/2024 registered at Police Station Bhanupratappur, District Uttar Bastar Kanker (C.G.) for the offence punishable under Sections 392, 397, 294, 323, 506, 341 and 394 of IPC, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 5 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 them 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil