1 2025:CGHC:22398 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4076 of 2025 • Pawan Lohra S/o Ratnu Lohra Aged About 21 Years R/o Village- Manhu, Police Station- Khunti, District Khunti (Jharkhand) ... Applicant versus • State Of Chhattisgarh Through Police Station- Bagicha, District : Jashpur, Chhattisgarh ... Non- Applicant For Applicant : Mr. Jai Prakash Shukla, Advocate For Non-Applicant/State : Mrs. Upasana Mehta, Deputy Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.05.2025 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 who has been arrested in connection with Crime No. 16/2025 registered at Police Station : Bagicha, District Jashpur (C.G.) for the offence punishable under Sections 308(3), 351 (2) of the Bhartiya Nyaya Sanhita, 2023 and Sections 8(1), 8(5) of Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005. 2. The prosecution's story in brief is that the complainant is working on the post of Accountant in Janpad Panchayat Bagicha, on 18-01-2025, one letter sent by SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.05.28 11:06:30 +0530 2 PLFI Organisation through whatsapp message through mobile no +639705086702 on his mobile no 9424187680, demanding Rs 1 crore for PLFI Organisation and warned therein for army action in failure to fulfill the demand. Afraid of such incident, complainant made written complaint dated 21-01-2025 based on which crime no 16/2025 registered against unknown person and after investigation into the matter charge sheet has been submitted against the applicant only, leaving the main accused absconding. 3. Learned counsel for the applicants submits that the mobile No. +639705086702 from which alleged offensive whatsapp message said to have been sent on complainant’s mobile No. is neither possessed nor owned by the applicant. He would further submit that the alleged offences of Sections 308(3) and 351(2) of BNS, 2023 are bailable and triable by JMFC punishable by maximum of two years and offences of Chhattisgarh Vishesh Jan Surakasha Adhiniyam, 2005 is punishable by maximum of three years and triable by JMFC. He would contend that the present applicant is in jail since 07.02.2025 and the instant applicant has been implicated in the present case only on his memorandum statement. He would further contend that the offensive letter relying contents of which the entire episode has been prepared, is not recovered by the police. He further submits that the applicant has no criminal antecedents and he is in jail since 07.02.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case and the applicant has no criminal antecedents. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and also considering the fact that the present case and further the applicant has no criminal antecedents, moreover, the charge - sheet has already been submitted before the competent Court in the present case and they are in jail since 07.02.2025 and the trial is likely to take sometime for its conclusion, I am of the opinion that the applicants are entitled to be released on bail in this case. 7. Let applicants, Pawan Lohra involved in Crime No. 16/2025 registered at Police Station : Bagicha, District Jashpur (C.G.) for the offence punishable under Sections 308(3), 351 (2) of the Bhartiya Nyaya Sanhita, 2023 and Sections 8(1), 8(5) of Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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 forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice $iddhant