1 2025:CGHC:17918 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2833 of 2025 • Sheikh Saddam S/o Shri Sheikh Jameel Aged About 35 Years R/o House No. 106/4, Ward No.-7, Mini Basti, Mangal Bhawan, Jarhabhatha, Gurughasidas Ward, P.S. - Civil Lines, Distt. - Bilaspur (C.G.) ... Applicant versus • State Of Chhattisgarh Through - Station House Officer, Police Civil Lines, Distt. - Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Wasim Miyan, Advocate For State : Mr. Sakib Ahmed, 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 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.24 15:45:42 +0530 2 Civil Lines, District Bilaspur (C.G.), for the offence punishable under Sections 305(e), 331(3), 3(5), 3(6) of the BNS. 3. Case of the prosecution, in brief, is that on 11.01.2025 a report was lodged by the complainant Ashish Pankaj Kumar with the averment that he went Bapji Parke to Bajpai Commercial Complex for withdrawal of cash from his mother's ATM Card and he inserted the ATM card in ATM Machine but only transaction slip came out and no money has been received by him and Rs.9,500/- was deducted from the account on the basis of report an FIR registered against unknown persons and during the investigation present applicant and co accused persons have been arrested and after completing the investigation charge-sheet has been filed against them. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He also submits that prosecution agency unable to prove prima facie case against the applicant and only on the basis of memorandum of co-accused present 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. 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 3 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 only on the basis of memorandum of co-accused present applicant has been arrested 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, Sheikh Saddam, involved in Crime No.44 of 2025 registered at Police Station – Civil Line District – Bilaspur, (C.G.) for the offence punishable under Sections 305(e), 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 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. 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