1 2025:CGHC:21455 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3615 of 2025 Suraj Singh S/o Shri Vishram Singh Chauhan Aged About 30 Years R/o Pakhnapara Litiyakhaar Tiwarta Police Station Dipka District- Korba (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer Police Station Katghora District - Korba Chhattisgarh ... Non-Applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.05 .202 5 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 – 41/2025 (wrongly mentioned as criminal case No. 41/2025 in the order-sheet), registered at Police Station – Katghora District - Korba (C.G.) for the offence punishable under Sections 126(2), 296, 351(2), 309(4), 310(2) of Bharatiya Nyaya Sanhita and Sections 25 and 27 of Arms Act. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.05.09 19:26:03 +0530 2 2. The case of the prosecution, is that, is that complainant Sanjay Yadav lodged a written report at Katghora Police Station on January 28, 2025. He alleged that on the same day, around 10:00 AM, near Village Achhidadar's bridge, three masked individuals stopped him at knifepoint. They abused him using obscene language and threatened to kill him while addressing each other as Rajpal, Ashish, and Suraj Chauhan. The robbers took his Pulsar motorcycle, ₹42,000 in cash, mobile phone, tablet, biometric device, and documents. Based on the report, the police registered FIR No. 41/2025 for offenses under Sections 126(2), 296, 351(2), 309(4), and 310(2) of the Bharatiya Nyaya Sanhita and Sections 25 and 27 of the Arms Act. During the investigation, the applicant and co-accused were taken into custody. Articles were seized based on their memorandum statements, identification parades were conducted, witnesses were examined, and after completing the investigation, a chargesheet was filed before the Judicial Magistrate First Class, Katghora, District Korba (C.G.), where Criminal Case 2352/2025 is pending for committal. 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 submits that the FIR was lodged against three unknown persons and no clear identification mark was submitted by the complainant to the Police. He also submitted that the applicant has two previous criminal antecedents, out of which in one case he has been acquitted and another case is under the Istgasa, further the charge-sheet has been filed in this case. The applicant is in jail since 29.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays grant of bail to the applicant. 3 4. On the other hand, the learned State counsel opposes the bail application of the applicant. He further submits that the applicant has two previous criminal antecedents. Therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of 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 the FIR was lodged against three unknown persons and no clear identification mark was submitted by the complainant to the Police, further the applicant has two previous criminal antecedents, out of which in one case he has been acquitted and another case is under the Istgasa, further the charge-sheet has been filed against the applicant, the applicant is in jail since 29.01.2025 and conclusion of the trial is likely to take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the applicant - Suraj Singh, involved in Crime No – 41/2025 (wrongly mentioned as criminal case No. 41/2025 in the order-sheet), registered at Police Station – Katghora District - Korba (C.G.) for the offence punishable under Sections 126(2), 296, 351(2), 309(4), 310(2) of Bharatiya Nyaya Sanhita and Sections 25 and 27 of Arms Act, 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 4 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 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. 5 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