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2025:CGHC:22041 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3729 of 2025 Vijay Kumar Patle S/o - Late Resham Lal Patle Aged About 40 Years R/o- Yadunandan Nagar, Near Saraswati Shishu Mandir, Tifra, Police Station- Sirgitti, Teh. And Distt.- Bilaspur (C.G.)
... Applicant versus State of Chhattisgarh Through Police Station Sirgitti, Distt.- Bilaspur (C.G.)
... Respondent(s) (Cause title taken from CIS) For Applicant : Mr. Krishna Kumar Khatri, Advocate. For Non-applicant/State : Ms. Sunita Manikpuri, Dy. G.A. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 13.05.2024
1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 24 of 2025, registered at Police Station: Sirgitti, Bilaspur, District – Bilaspur (C.G.) for the offence punishable under Section 309(4), 3(5) of the B.N.S.S. and Section 25 and 27 of Arms Act against the SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2025.05.13 17:41:01 +0530
2 / 4 applicant. 2. The prosecution's story, in brief, is that, on 16.01.2025 after due investigation by the police it was found that the applicant along with the other co-accused persons has committed attempt to robbery by showing knife to the complainant. Based on which, an FIR was registered against the unknown persons. 3. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case on the basis of memorandum statement of other co-accused persons. He further submits that the present applicant has no criminal antecedents and he is in jail since 26.02.2025, and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail. 4. On the other hand, the learned State counsel opposes the bail application while submitting that the charge-sheet has already been filed before the competent Court, therefore, he is not entitled for grant of bail. 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, nature and gravity of allegation levelled against the applicant and the fact that the present applicant has no previous antecedents and also considering the fact that the charge-sheet has been filed and he has been in jail since 26.02.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 3 / 4
7. Let the applicant-Vijay Kumar Patle involved in Crime No. 24 of 2025, registered at Police Station: Sirgitti, Bilaspur, District – Bilaspur (C.G.) for the offence punishable under Section 309(4), 3(5) of the B.N.S.S. and Section 25 and 27 of 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 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 their 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 misuse 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.
4 / 4 (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 them in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. SS
Sd/-
(Ramesh Sinha)
Chief Justice Anjani/Saurabh