1 2025:CGHC:19999 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3349 of 2025 Aman Kumar Sahu S/o Rajesh Kumar Sahu Aged About 20 Years Caste Sahu, Resident Of Village Birkona, P.S. Koni, Tehsil And District Bilaspur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through- Police Station House, Akaltara, District – Janjgir-Champa, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Viay Shankar Mishra, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.05.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 31/2025, registered at Police Station – Akaltara, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 309(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on 25.01.2025, the complainant lodged an FIR against four unknown persons alleging that on PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.05.02 17:59:28 +0530 2 24.01.2025, she was going from Bilaspur to Janjgir through National Highway No. 49 in her activa bearing registration No. CG-12-BH-3591, when she reached near Amartal Godam Akaltara, just then two person driving a black colour Pulsar vehicle came from backside and pickout the key of the vehicle of the complainant, due to which the vehicle stopped, just then a person out of them came with her to and tried to press her neck due to which she fall in fear immediately after that the accused persons looted the Activa vehicle as wel as the Iphone-15 mobile which was placed in the dicky of the Activa, on the basis of the memorandum statement of the co-accused, the applicant was arrested. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are 2 criminal antecedents registered against the present applicant including the present case, and for another case, the applicant has preferred a bail application MCRC No.3256/2025, which is listed and being allowed today. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 27.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are 2 criminal antecedents registered against the present applicant including the present case, and the charge- sheet has been filed in this case. It is further submitted that on 25.01.2025, the complainant lodged an FIR against four unknown persons alleging that on 24.01.2025, she was going from Bilaspur to Janjgir through National Highway No. 49 in her activa bearing registration No. CG-12-BH-3591, when she reached near Amartal 3 Godam Akaltara, just then two person driving a black colour Pulsar vehicle came from backside and pickout the key of the vehicle of the complainant, due to which the vehicle stopped, just then a person out of them came with her to and tried to press her neck due to which she fall in fear immediately after that the accused persons looted the Activa vehicle as wel as the Iphone-15 mobile which was placed in the dicky of the Activa, on the basis of the memorandum statement of the co-accused, the applicant was arrested, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are 2 criminal antecedents registered against the present applicant including the present case, and for another case, the applicant has preferred a bail application MCRC No.3256/2025, which is listed and being allowed today, charge-sheet has been filed against the applicant, the applicant is in jail since 27.01.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. 7. Let applicant, Aman Kumar Sahu, involved in Crime No. 31/2025, registered at Police Station – Akaltara, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 309(4) and 3(5) of the 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti