1 2025:CGHC:18843 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3190 of 2025 Avinash Dubey @ Tilli S/o Ram Babu Dubey Aged About 20 Years R/o Kotsagar Para Kota, Police Station And Tahsil Kota, District Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Kota, District Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rahul Goswami, Advocate. For Respondent(s) : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/04/2025 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. 146/2025 registered at Police Station Kota, District Bilaspur (C.G.) for the offence punishable under Sections 119(1), 296, 304(2), 115(2) and 351(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the complainant lodged a AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 report at the Kota Police Station, alleging that on February 18, 2025, the applicant submitted a written application stating that on February 17, 2025, at 8 P.M., he was returning from a grocery store when Avinash Dubey (present applicant) demanded Rs. 500/- for buying alcohol. When the complainant refused, Dubey allegedly abused him by using filthy language, snatched his mobile phone, beat him with fists, and threatened to kill him. Based on this application, a crime was registered, and the accused was arrested during the investigation. 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 the applicant has neither been obtained any amount from the complainant nor been committed any offence as alleged by prosecution, further the Police did not take proper enquiry about the incident for registering FIR against the applicant. He also submits that no seizure has been made from the possession of the applicant. The applicant is in jail since 18.02.2025, the applicant has six criminal antecedents, out of which, only three cases are pending against him, which are under the IPC and BNS, 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. He further submits that the applicant had demanded Rs. 500/- for buying alcohol and when the complainant refused, he 3 allegedly abused him by using filthy language, snatched his mobile phone, beat him with fists, and threatened to kill him, further the applicant has six criminal antecedents under the IPC and BNS, 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, nature and gravity of offence, period of detention of the applicant since 18.02.2025, the fact that the applicant is alleged to have extorted the complainant by demanding Rs. 500/- for buying alcohol and when the complainant refused, he allegedly abused him by using filthy language, snatched his mobile phone, beat him with fists, and threatened to kill him, but no injury has been caused to the complainant by the applicant, so far as criminal antecedents of the applicant are concerned, applicant has six criminal antecedents, out of which, only three cases are pending against him, which are under the IPC and BNS, further 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. 7. Let the Applicant-Avinash Dubey @ Tilli, involved in Crime No. 146/2025 registered at Police Station Kota, District Bilaspur (C.G.) for the offence punishable under Sections 119(1), 296, 304(2), 115(2) and 351(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:- 4 (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 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