1 2025:CGHC:15671 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2615 of 2025 Ritesh Kumar Kurre S/o Rajaram Kurre Aged About 25 Years R/o West Nepal Gate Charcha, Tahsil-Baikunthpur, Distt.-Koriya (C.G.) ... Applicant versus State Of Chhattisgarh Through Aarakshi Kendra Charcha, Distt-Koriya (C.G.) ... Respondent For applicant : Shri Ishwar Jaiswal, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/04/2025 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. 25/2025 registered at Police Station Aarakshi Kendra, Charcha, Distt - Koriya (C.G.) for the offence GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.04 10:50:27 +0530 2 punishable under Sections 309(2), 309(4), 311, 312, 351(2) of B.N.S. and Section 25, 27 of Arms Act 1959. 2. Case of the prosecution, in brief, is that on 22.01.2025 at around 2 pm when the complainant after withdrawal of amount of one lakh from Gramin bank and when at around 2:45 pm he reached near East Nepal gate the present applicant committed robbery of Rs ten thousand and in this even weapon was also used by the applicant however there in no injury caused in this event. The matter was reported to concerning police station and FIR under section 309(2) of BNS and section 25, 27 of Arms Act 1959 was registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He would submit that there is no seizure from the present applicant. He would submit that the applicant has been arrested only on the basis of version of complainant, there is no other evidence to establish that the applicant was involved in the crime. The applicant is in jail since 22/01/2025, 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. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel appearing for the parties and 3 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 22/01/2025, 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-Ritesh Kumar Kurre, involved in Crime No. 25/2025 registered at Police Station Aarakshi Kendra, Charcha, Distt - Koriya (C.G.) for the offence punishable under Sections 309(2), 309(4), 311, 312, 351(2) of B.N.S. and Section 25, 27 of Arms Act 1959, 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 sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 sufficient 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. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/-/-Sd (Ramesh Sinha) CHIEF JUSTICE gouri