1 2025:CGHC:15891 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2685 of 2025 Rajesh Gond S/o Shri Khanna Gond Aged About 24 Years R/o Village- Tedesara, Tehsil And District- Rajnandgaon (C.G.) ... Applicant versus State Of Chhattisgarh Through The Police Station Somni, District- Rajnandgaon (C.G.) ... Respondent For applicant : Shri Rajendra Patel, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/04/2025 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. 223/2024 registered at Police Station Somni, District Rajnandgaon (C.G.) for the offence punishable under Sections 309(4), 3(5) of the B.N.S 2023. 2. Case of the prosecution, in brief, is that the complainant namely Mordhwaj Sahu lodged a report at Police Station Somni that on GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.05 10:04:58 +0530 2 15/09/2024, while he was returning back from the duty and going to village Tedesara at that time near bypass road suddenly 2 unknown persons riding a motorcycle started following the complainant, stopped him near village Tedesara and snatched his mobile phone and transferred Rs. 1,00,000/- through his Phone Pay account to some other mobile phone so on the basis of the said report thana police registered the offence as mentioned above against the unknown persons on 15.09.2024, applicant was arrested on 09.11.2024 and after completion of the investigation the charge sheet has been filed. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is also submitted that co-accused person namely Tarkeshwar Singh has been granted regular bail by this Court vide MCRC No.2574/2025 on 02/04/2025 and case of the applicant is similar to that of the co-accused who has been granted bail. He also submits that there is one criminal antecedent of the present applicant under the IPC of the year 2022. Hence, he prays for grant of regular bail to the applicant on the ground of parity. 4. On the other hand, learned State Counsel opposes the prayer for grant of bail to the applicant and submits that the charge-sheet has been filed before the competent Court in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts & circumstances of the case, nature & gravity of offence, period of detention of the applicant i.e. since 9/11/2024 and also considering the fact that co-accused person namely Tarkeshwar Singh has been granted regular bail by this Court vide MCRC 3 No.2574/2025 on 02/04/2025, charge-sheet has been filed and the trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Rajesh Gond, involved in Crime No. 223/2024 registered at Police Station Somni, District Rajnandgaon (C.G.), for the offence punishable under Sections 309(4), 3(5) of the B.N.S 2023, 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 them under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. 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 174-A of the Indian Penal 4 Code. (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 313 Cr.P.C. 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 them in accordance with law. 8. OfÏce is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. - SSd/- (Ramesh Sinha) CHIEF JUSTICE gouri