1 2025:CGHC:22784 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3302 of 2025 1 - Rajkumar Agraiya S/o Ganesh Ram Aged About 41 Years R/o Village - Kaskela, Thana And Tehsil Jaingar, District Surajpur Chhattisgarh. --- Applicant versus 1 - State Of Chhattisgarh Through Police Station Surajpur, District Surajpur Chhattisgarh. ---- Respondent For Applicant : Mr. Sangeet Kumar Kushwaha, Advocate For Respondent/State : Mr. Keshav Prasad Gupta, Govt. Advocate Hon'ble Shri Justice Parth Prateem Sahu Order On Board 10/06/2025 1. Applicant has filed this first bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No.357/2020, registered at Police Station – Surajpur, District – Surajpur (C.G.) for offence punishable under Section 395 of the Indian Penal Code. 2. Case of the prosecution, in brief, that in the intervening night of 01.09.2020 to 02.09.2020, at about 01:30 am, the presents applicants alongwith other persons, after entering into the SECL underground BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN 2 mines, have snatched mobile phone of Surendra Pathak (CDS Operator) and Shri Jogendra Kumar deputed in sub-station. They have also created atmosphere of threat after breaking Wall of the store room have committed robbery of 15 metre PVC armered cable. F.I.R. to this effect was lodged by the Manager at the concerned Police Station. 3. Learned counsel for applicant submits that applicant has been falsely implicated in this case. He has not committed any offence as alleged. Applicant has been arrested only on the basis of the memorandum statement of co-accused Shivbrat. There is no recovery from the possession of present applicant. After arrest of the applicant, charge- sheet has been filed, therefore, further interrogation of the applicant is not required. He contended that other co-accused persons namely Rajkumar, Pramod Mandal, Basnt, Dilip Singh have been enlarged on bail by this Court in M.Cr.C. No.549 of 2021, M.Cr.C. No.1720/2021, M.Cr.C. No.1659 of 2021 and M.Cr.C. No.2259 of 2021 vide order dated 02.03.2021 and 06.04.2021 respectively and the case of the applicant is also on similar footing. Hence, the applicant may also be enlarged on bail. 4. Learned counsel for State opposes the submission of learned counsel for applicant and would submit that earlier the applicant was absconded and he was arrested only on 07.04.2025, however, he do not dispute the submission of learned counsel for the applicant that after arrest of the applicant, charge-sheet has been filed against him. Upon asking he submits that there is no recovery of any incriminating articles from the possession of the applicant. 3 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 of allegation, submission of learned counsel for respective parties further taking into consideration the fact that charge-sheet in this case has been filed, applicant is in jail since 07.04.2025, without commenting anything on the merits of the case, I am inclined to allow this bail application. 7. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail on his furnishing a personal bail bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Court on the following conditions :- (i) The applicant shall file an undertaking to the effect that she 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 her absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under 4 Section 82 Cr.P.C. 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 174-A of the Indian Penal Code. (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 313 Cr.P.C. 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. 8. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Balram