1 2025:CGHC:22159 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3950 of 2025 1 - Azazduddin @ Ijju S/o Sufi Sarafuddin Aged About 21 Years R/o Devendra Nagar, P.S. Ganj, District Raipur Chhattisgarh ... Applicant Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Ganj, Raipur District Raipur (C.G.) ... Non-applicant For Applicant : Mr. C.R. Sahu, Advocate For Non-applicant : Mr. Arvind Dubey, Government Advocate SB : 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 applicant has been arrested in connection with Crime No. 28/2025 registered at Police Station - Ganj, District - Raipur (C.G.), for the offence punishable under Sections 309(6), 311 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case is that, the complainant, filed a report at the Ganj Police Station, alleging that on 04.02.2025, at around 09:30 pm, the complainant along with his friend namely Lukesh Yadav in his Scooter i.e. Activa bearing Registration No. CG 04 NB 1708 was going towards Kota. When they reached near Jhulelal Chowk, SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 they were left with no fuel and due to which, the complainant and his friend were standing at Jhulelal Chowk and at that time, the applicant along with other co-accused persons came there, threatened them and were trying to rob them. When the complainant and his friend tried to run away, at that time, one more co-accused person chased them in a vehicle along with his dog and thereafter, the said co-accused let loose his dog to attack the complainant and his friend, due to which, they sustained injuries and dog bites. The applicant and co-accused looted their vehicle i.e. Activa bearing Registration No. CG 04 NB 1708 and Rs. 50,000/- in cash. Based on the complainant's report, an offense under Section 309(6) & 311 of the B.N.S. was registered, and during the investigation, the applicant and other co-accused were arrested. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He submits that the applicant has only 03 criminal antecedents. Furthermore, in two cases, the applicant has already been acquitted, while the other one case is still pending. He submits that he has filed the copy of the relevant order-sheets along with the bail application. He also submits that the applicant is in jail since 07.02.2025, conclusion of the trial may take some time. There is no seizure made from the present applicant. Therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted before the competent Court in the 3 present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further the fact that the applicant has only 03 criminal antecedents and furthermore, in two cases, the applicant has already been acquitted, while the other one case is still pending. Moreover, the charge- sheet has already been submitted before the competent Court in the present case and the applicant is in jail since 07.02.2025, conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Azazduddin @ Ijju, involved in Crime No. 28/2025 registered at Police Station - Ganj, District - Raipur (C.G.), for the offence punishable under Sections 309(6) & 311 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 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 4 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his 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 his, 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Dey