1 2025:CGHC:21118 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3535 of 2025 Dumar Randhari S/o Kamal Say Aged About 45 Years R/o Ghatkura P.S. Kosamunda District - Navrangpur (Odisa) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer P.S. Sarkanda District - Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Narayan Prasad Thakur, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/05/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 503/2025 registered at Police Station Sarkanda District - Bilaspur (C.G.) for the offence punishable under Sections 309(4), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on 22.02.2025, at about 9:00 P.M., when the complainant Shrikumar Maravi come to AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Ramsetu Sarkanda bridge at that time unknown person came and asked to give his mobile for a call and thereafter, two other persons came and threatened the complainant and also looted his bibile and Activa scooty bearing registration no.CG-10EM-1204, thereafter, aforementioned offence has been registered against the applicant and subsequently, he was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that only on the basis of memorandum statement of the co-accused, present applicant has been implicated in the case. The applicant is in jail since 07.04.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant alonwith other co-accused persons are alleged to have committed loot of mobile phone and Activa scooty of the complainant and there is also recovery of stolen Activa scooty, further applicant has two criminal antecedents of the year 2016 in the State of Odisha, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, 3 nature and gravity of offence, period of detention of the applicant since 07.04.2025, the fact that though the applicant alonwith other co-accused persons are alleged to have committed loot of mobile phone and Activa scooty of the complainant, but applicant has two criminal antecedents in the State of Odisha of the year 2016, which are old and stale, charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Dumar Randhari, involved in Crime No. 503/2025 registered at Police Station Sarkanda District - Bilaspur (C.G.) for the offence punishable under Sections 309(4), 3(5) of BNS, be released on bail on his furnishing a personal bond with two local 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 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 4 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 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. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil