1 2025:CGHC:22125 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3560 of 2025 1. Ajmer Khan S/o Shri Ajit Khan Aged About 24 Years R/o Dhamar, Police Station Sadar, Rohtak District Rohtak Haryana 2. Sagar Alias Pahalwan S/o Ramjani Aged About 22 Years R/o Israna, Police Station Israna District Panipat, Haryana 3. Vijay Lohar Alias Shiva S/o Satpal Lohar Aged About 27 Years R/o Kilai Chauharan Police Station Sadar Rohtak, District Rohtak Haryana ... Applicants versus State of Chhattisgarh Through Station House Officer Police Station Gandhinagar District Surguja C.G. ... Non-applicant For Applicants : Mr. Shikhar Shukla, Advocate. For Non-applicant/State. : Mr. Sangharsh Pandey, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.05.2025 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 applicants who have been arrested in connection with Crime No. 12/2025 registered at Police Station Gandhinagar Tahsil Ambikapur, District - Surguja (C.G.), for the offences punishable under Sections 308(5), 61(2) of the Bhartiya Nyay Sanhita (BNS) and Sections 25 ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.21 12:26:35 +0530 2 and 27 of the Arms Act. 2. The prosecution's story, in brief, is that on 02.01.2025, three unknown individuals came to the complainant's shop at around 11 am and threatened him to give them Rs. 10 lakh, which they claimed was required to release their friends from jail who had been arrested in another case. They left the shop after issuing a death threat to the complainant if he failed to fulfill their demand. It is further stated in the final report filed by the respondent that on 16.12.2024, and 17.12.2024, certain amounts were extorted from the complainant by some other accused persons, which was reported by the complainant. After the complainant filed the complaint, the respondent initiated an investigation and submitted a final report dated 28.02.2025, before the concerned Court. In this report, the present accused has been charged with offences under Sections 308(5) and 61(2) of the Bharatiya Nyaya Sanhita, as well as Sections 25 and 27 of the Arms Act. 3. Learned counsel for the applicants submits that the present applicants are innocent person and have been falsely implicated in the foresaid case. He submits that the present applicants have only 01 criminal antecedent under the BNS which is also listed today before this Court for hearing except this case the applicants have no criminal antecedents. He also submits that the applicants are in jail since 16.01.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge -sheet has 3 already been submitted before the competent Court in the present case. 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 and the fact that the applicants have only 01 criminal antecedent under the BNS which is also listed today before this Court for hearing, except this case the applicants have no criminal antecedents, moreover, the fact that the charge-sheet has already been submitted before the competent Court and the applicants have been languishing in jail since 16.01.2025, conclusion of the trial may take some more time, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants – Ajmer Khan, Sagar Alias Pahalwan and Vijay Lohar Alias Shiva, involved in Crime No. 12/2025 registered at Police Station Gandhinagar Tahsil Ambikapur, District - Surguja (C.G.), for the offences punishable under Sections 308(5), 61(2) of the Bhartiya Nyay Sanhita (BNS) and Sections 25 and 27 of the Arms Act, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 4 bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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 Abhishek