1 2025:CGHC:23890 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3046 of 2025 1 - Krishna Thakur S/o Late Mohan Thakur Aged About 31 Years R/o Balud Police Station Dantewada District - South Bastar Dantewada (C.G.) 2 - Rajendra Sodi S/o Lingu Ram Sodi Aged About 37 Years R/o Balud Police Station Dantewada District - South Bastar Dantewada (C.G.) 3 - Gagru Bhaskar S/o Late Budhu Bhaskar Aged About 35 Years R/o Balud Police Station Dantewada District - South Bastar Dantewada (C.G.) ... Applicants versus State of Chhattisgarh Through The Police Station Dantewada District - South Bastar Dantewada (C.G.) ... Non-Applicant For Applicant : Mr. Praveen Kumar Tulsyan, Advocate. For Non-Applicant/State : Ms. Shailja Shukla, Deputy G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.06.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 29/2025, registered at Police Station : Dantewada District - South Bastar Dantewada, (C.G.) for the offence punishable under Sections 126(2), 296, 115(2), 351(2) and 309(4) of Bhartiya Nyay Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The case of the prosecution, in brief, is that on 16.03.2025, the police registered a case against unknown persons who came in a Bolero vehicle. The victim identified two of them as Gagru and Krishna. They started abusing him, when the victim protested, they assaulted him with hands and fists. After refueling the bus with diesel, the bus left for Katekalyan, but near Balud Schoolpara, the same Bolero occupants stopped the bus by blocking its way. They entered the bus, again abused and assaulted the bus conductor Mukesh Lakshakar, and robbed Rs. 25,000 from his pocket. Thereafter, the police arrested the co-accused and the present applicants. 3. Learned counsel for the applicants submits that the present applicants are innocent person and have been falsely implicated in the aforesaid case. He further submits that the present applicant has been falsely implicated by the concerned police station, although he has not committed any offence as alleged by the prosecution. He also submits that a false story has been developed by the victim, as the applicants were operating a Bolero taxi/cab owned by Roshani Nag in the disputed area, and the victim had entered that area without a permit, which led to a dispute between them. Hence, the instant FIR was lodged. The copy of the R.C. and driving license are filed as Annexure A-2 (Coll.). He also submits that there is no eye-witness to the incident, and the applicants have been implicated merely on the basis of suspicion. No evidence exists regarding his involvement in the incident, and nothing has been seized from his possession as per the FIR. He further submits 3 that the present applicants have no previous criminal antecedents and they are in jail since 25.03.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. She further submits that the present applicants along with co-accused persons started abusing him, when the victim protested, they assaulted him with hands and fists. After refueling the bus with diesel, the bus left for Katekalyan, but near Balud Schoolpara, the same Bolero occupants stopped the bus by blocking its way. They entered the bus, again abused and assaulted the bus conductor Mukesh Lakshakar, and robbed Rs. 25,000 from his pocket, therefore, the present applicants are not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and though the allegation is that the applicants entered the bus, abused and assaulted the bus conductor Mukesh Lakshakar, and robbed Rs. 25,000 from his pocket but, no any amount has been seized from the applicants and the charge sheet has been submitted before the competent Court and they have no any previous criminal 4 antecedent and the applicants are in jail since 25.03.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this first bail application. 7. Let applicants, Krishna Thakur, Rajendra Sodi and Gagru Bhaskar, involved in Crime No. 29/2025, registered at Police Station : Dantewada District - South Bastar Dantewada, (C.G.) for the offence punishable under Sections 126(2), 296, 115(2), 351(2) and 309(4) of Bhartiya Nyay Sanhita, 2023, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the Court on 5 the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan