1 2025:CGHC:17917 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2733 of 2025 • Yogesh Patel S/o Vijay Patel Aged About 22 Years R/o Dayalpur, Police Station And Tehsil Saliha, District Sarangarh- Bilaigarh, Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Civil Line, District Bilaspur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Sumit Singh Rathore, Advocate For State : Mr. Sakib Ahmad, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/04/2025 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 applicant who has been arrested in connection with Crime No.44/2025 registered at Police Station Civil Lines, District Bilaspur (C.G.), for the offence punishable under Sections 305(M), 331(3), 3(5), 3(6) of the BNS. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.24 15:45:41 +0530 2 3. Case of the prosecution, in brief, is that thecomplainant namely Ashish Pankaj on 11-01-2025, the Kumar lodged complaint before the police station Civil Line alleging that today at 01:00 Pm, the applicant went to the SBI ATM machine which is situated at Bapji Park, Commercial Complex for withdrawal of money where he inserted the card in the ATM machine and after completing the process, he received the receipt of withdrawal of Rs.9500/-, but no money came out. Subsequently he looking into the shutter box of the ATM machine, he saw a white and blue strip on the cash withdrawal shutter box. Thereafter he called the helpline No.112 and ATM Toll free number and informed the same to them. On the information, the crime was registered and investigation was taken up and during the investigation memorandum statement of the applicant and other co-accused was taken and based on their statement the police recovered Rs.7500/- from each accused persons, and subsequently they have been arrested for the above-mentioned crime. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He also submits that applicant went to the ATM machine for withdrawal of his money, but somehow police took the applicant and merely based on suspicion, the applicant has been arrested. The applicant is in jail since 12.01.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 3 5. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant is having no criminal antecedent but looking to the aforesaid crime, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, also considering the fact that applicant have no previous criminal antecedent and he is in jail since 12.01.2025 and trial are likely to take time, therefore, I am inclined to grant bail to the present applicant. 8. Let applicant, Yogesh Patel, involved in Crime No.44 of 2025 registered at Police Station – Civil Line District – Bilaspur, (C.G.) for the offence punishable under Sections 305(M), 331(3), 3(5), 3(6) of the BNS, be released on bail on his furnishing a personal bond with two local sureties in the like amount 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 4 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. (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. 9. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice vaishali