1 2025:CGHC:19082 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3224 of 2025 Joshua Abraham S/o Prakash Abraham Aged About 19 Years R/o Daya Nagar, Risali, District- Durg (C.G.), (Father Name Of The Applicant Is Not Properly Mentioned In The Entire Impugned Sheet) ... Applicant(s) versus State Of Chhattisgarh Through - S.H.O., Police Station - Bhilai Nagar, District- Durg (C.G.), (Respondent Name Not Properly Mentioned In The Impugned Order) ... Respondent(s) For Applicant(s) : Mr. Aman Tamrakar, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/04/2025 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. 521/2025 registered at Police Station Bhilai Nagar, District- Durg (C.G.) for the offence punishable under Sections 309(6), 111(6), 35(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the complainant lodged a report on 26.12.2024, alleging therein that on December 25, 2024, while he was out with his mother, the applicant and other accused approached him, demanding money to buy liquor. When the complainant refused, the applicant allegedly abused him, snatched his mobile phone, and stole Rs.1,250/-. The matter was reported to the police, who registered an offense and arrested the applicant. Hence, the bail application. 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 further submits that nothing has been recovered from the possession of the applicant. The applicant is in jail since 27.12.2024, the applicant has 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 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. She further submits that though the applicant has no criminal antecedent, but he is alleged to have abused the complainant, snatched his mobile phone, and stole Rs.1,250/-, when he refused to give him money for liquor, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, 3 nature and gravity of offence, period of detention of the applicant since 27.12.2024, the fact that though the applicant is alleged to have abused the complainant, snatched his mobile phone, and stole Rs.1,250/-, when he refused to give him money for liquor, but no seizure has been made from his possession, so far as criminal antecedent of the applicant is concerned, applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Joshua Abraham, involved in Crime No. 521/2025 registered at Police Station Bhilai Nagar, District- Durg (C.G.) for the offence punishable under Sections 309(6), 111(6), 35(2) of BNS, 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 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 4 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 sufÏcient 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. 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