1 2025:CGHC:1776 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 220 of 2025 Om Chandrakar S/o Lalit Chandrakar Aged About 20 Years R/o Ward No. 03, Kanharpuri, P.S. Bagbahara, District Mahasamund (Chhattisgarh) … Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Mandir Hasaud, District Raipur (C.G.) ... Non-Applicant For Applicant : Mr. C.R. Sahu, Advocate. For Non-Applicant/State : Mr. S.S. Baghel, Dy. Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 10/01/2025 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. 552/2024, registered at Police Station – Mandir Hasaud, District Raipur (C.G.) for the offence punishable under Sections 3(5) and 309(4) of Bharatiya Nyay Sanhita, 2023. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.11 13:16:47 +0530 2 2 The case of the prosecution, in brief, is that the complainant has made complaint to the concerned Police Station alleging inter-alia is that on the date of incident 02 unknown persons came about him by their motorcycle at infront of Kotrabhatha Basti, and they have looted motorcycle, the mobile from him and run away from the place of incident and Police has registered against the unknown persons and during investigation, the Police has arrested the present applicant on the basis of memorandum of the statement, which has been registered against the applicant for the offence under Section 3(5) and 309(4) of Bharatiya Nyay Sanhita, 2023. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the police has not seized any said article from the applicant and the applicant has not committed loot of the seized article and only on the basis of memorandum, the applicant has arrested by Police and further the applicant has two previous criminal antecedents of the applicant which are pending, and in one case the applicant has already been granted bail by this Court vide order dated 29.11.2024 passed in MCRC No. 7893/2024, further the charge-sheet has been filed and the applicant is in jail since 07.08.2024 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 opposed the bail application and submitted that the charge-sheet has been filed in 3 02 unknown persons came about him by their motorcycle at infront of Kotrabhatha Basti, and they have looted motorcycle, the mobile from him and run away from the place of incident and Police has registered against the unknown persons and during investigation, the Police has arrested the present applicant on the basis of memorandum of the statement and the applicant has two previous criminal antecedents, therefore he is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused 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 no any said article seized from the applicant and only on the basis of memorandum, the applicant has been arrested, further the applicant has two previous criminal antecedents which are pending and in one case the applicant has already been granted bail by this Court vide order dated 29.11.2024 passed in MCRC No. 7893/2024, further the charge-sheet has been filed and he is in jail since 07.08.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Om Chandrakar, involved in Crime No. 552/2024, registered at Police Station – Mandir Hasaud, District Raipur (C.G.) for the offence punishable under Sections 3(5) and 309(4) of Bharatiya 4 Nyay Sanhita, 2023, 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 sufficient cause, the trial court may proceed against his 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 his, in accordance with law, under Section 209 of the Bharatiya Nyaya 5 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 sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against his in accordance with law. 8 Office 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