1 2025:CGHC:19982 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3384 of 2025 Suraj Sonwani S/o Late Laxman Sonwani Aged About 30 Years R/o Peepal Chowk Talapara Bilaspur, PS. Civil Line Bilaspur, Tahsil And District Bilaspur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Sarkanda, District Bilaspur Chhattisgarh ... Non-applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 01.05.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 496/2025 registered at Police Station : Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Sections 308(5), 331, 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 3 and 4 of the Karja Act. 2. The crux of the FIR is that on 31.03.2025, the complainant submitted a ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.03 12:10:26 +0530 2 written complaint to P.S. Sarkanda, alleging that the present applicant had taken money from co-accused Ashish Tandon, which the complainant had already paid. On the incident date, co-accused Ashish Tandon, along with other co-accused persons, entered the complainant's house and demanded more money. Meanwhile, the present applicant acted as a lookout, monitoring people coming and going below the flat. Based on this complaint, the police registered an FIR against the present applicant and other co-accused persons and subsequently arrested the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that as per the FIR itself it is crystal clear that the present applicant had not entered the house of the complainant, and neither he has demanded any money from the complainant. He also submits that there is some monetary civil dispute between the co-accused Ashish Tandon and the complainant, and the complainant is trying to give it criminal color. He further submits that the other co-accused person, namely, Jitendra Banjara has already been granted anticipatory bail by this Court in MCRCA No. 588 of 2025 vide order dated 28.04.2025. He would submit that the present applicant has no criminal antecedents and he is in jail since 01.04.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has not been submitted before the competent Court in the present case. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and further the fact that co-accused person Jitendra Banjara has already been granted anticipatory bail by this Court in MCRCA No. 588 of 2025 vide order dated 28.04.2025, moreover, the fact that the applicant has no criminal antecedents, although the charge-sheet has not been submitted to the competent Court, the applicant has been in jail since 01.04.2025, conclusion of the trial may take some more time, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Suraj Sonwani, involved in Crime No. 496/2025 registered at Police Station : Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Sections 308(5), 331, 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 3 and 4 of the Karja Act, be released on bail on furnishing a personal bond with two sureties in the like amount 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 4 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 forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek