1 2025:CGHC:32054 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3922 of 2025 1 - Vishvanath Harijan S/o Late Uma Harijan Aged About 20 Years R/o Koiguda, Near B.B. College, District - Nabarangapur, Odisha Pin – 764063. 2 - Dev Harijan S/o Mohan Harijan Aged About 20 Years R/o Nabarangapur Town, District - Nawarangpur, Odisha Pin – 764059. ... Applicants versus State of Chhattisgarh Through - Station House Officer, P.S. - Lohandiguda, District - Bastar (C.G.) ... Non-Applicant For Applicant : Mr. Chandresh Shrivastava, Advocate. For Non-Applicant : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2025 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 applicants who have been arrested in connection with Crime No. 76/2024 registered at Police Station Lohandiguda, District - Bastar, (C.G.) for the offence punishable under Sections 115(2), 309(4), 351(2), 3(5) and 310(2) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The case of the prosecution, in brief, is that the complainant lodged an FIR stating that while he, along with his elder uncle Somnath, had gone to the District Cooperative Bank, Bastar, to withdraw ₹40,000, and while they were returning via Bodanpala Road, a motorcycle approached from behind and struck both of them on the head. As a result, they fell to the ground, and 3–4 unknown persons allegedly robbed them of the ₹40,000 cash. The complainant immediately reported the incident to the police. A medical examination was conducted, which revealed simple injuries, and after due investigation, the charge sheet has been filed. 3. Learned counsel for the applicant submits that the applicants are innocent and have not committed any offence and they have been falsely implicated in offence in question. He further submits that there are no specific allegation against them in the complaint, nor were they named in the FIR. The applicants have been implicated solely on the basis of call detail records, and the Test Identification Parade (TIP) conducted by the prosecution is doubtful in nature. He further submits that the injured person was received injuries simple in nature nor any in a grievous nature. He further submits that the applicants are in jail since 11.01.2025, the applicant No. 01 has 01 criminal antecedent which is of the year 2024 and applicant No.02 has 02 criminal antecedents which is of the year 2020, 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 applicants. 4. On the other hand, learned State Counsel appearing for the 3 respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that while complainant was returning via Bodanpala Road, a motorcycle approached from behind and struck both of them on the head. As a result, they fell to the ground, and 3–4 unknown persons including present applicants allegedly robbed them of the ₹40,000 cash. He further submits that the applicant No. 1 has 01 criminal antecedent and applicant No.2 has 02 criminal antecedents, therefore, the applicant 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, nature and gravity of offence, period of detention of the applicant since 11.01.2025, the fact that though the applicant looted a cash amount of Rs.40,000/- from the complainant and the only Rs. 4000/- was recovered from their possession, but the injured has sustained injuries which is non vital part of the body, the injured person was received injuries simple in nature nor any in a grievous nature, further the applicant No. 1 has 01 criminal antecedent which is of the year 2024 and applicant No.02 has 02 criminal antecedents which is of the year 2020 and 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 Applicants- Vishvanath Harijan and Dev Harijan, involved in Crime No. 76/2024 registered at Police Station Lohandiguda, 4 District - Bastar, (C.G.) for the offence punishable under Sections 115(2), 309(4), 351(2), 3(5) and 310(2) of Bharatiya Nyaya Sanhita, 2023, be released on bail on their furnishing a 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 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 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan