1 2025:CGHC:29157 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4165 of 2025 Sumit Singh Thakur S/o Shri Sonu Singh Thakur Aged About 21 Years R/o Jabdapara, Gali No. 2, Police Station Sarkanda, District- Bilaspur (Chhattisgarh) (Wrongly Mentioned As Janjgir-Champa In Annexure A- 1) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Sarkanda, Bilaspur, District- Bilaspur (C.G.) ... Respondent For Applicant : Shri Pawan Kumar Kashyap, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/06/2025 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 applicant who has been arrested in GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.01 17:15:51 +0530 2 connection with Crime No.503/2025 registered at Police Station Sarkanda Bilaspur, District:- Bilaspur (C.G.) for the offence punishable under Sections 309 (2), 3(5) of B.N.S. 2. Case of the prosecution, in brief, is that that the complainant has made complaint to the concerned police station alleging inter-alia is that when he stand his Activa vehicle at near Ramsetu Bridge Sarkanda and at that time, some unknown person came there about him and looted the key and mobile from the complainant by threatening to commit murder and thereafter, they run away from the spot. Based upon the such complaint, police has registered the offence u/s. 309 (2), 3(5) of B.N.S. against the unknown persons and during investigation, the police has arrested the present applicant on the basis of memorandum of the statement, which has been registered against the applicant and arrested him in connection of this crime. 3. Learned counsel for the applicant submitted that the co-accused who was granted bail by this court recovery of mobile and scooty of the complainant was made from him namely Dumar Randhari and he has been granted bail by this court in MCRC No.3535/2025 on 7/05/2025 and he had also two criminal antecedents of the year 2016 from the state of odisha so far as the applicant is concerned no recovery of any incriminating article from his possession and he too has two criminal antecedents which he has explained in para 4A. He would submit that the applicant is in jail since 3/04/2025, charge sheet has been filed 3 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she has pointed out that the applicant has one more criminal case of the year 2021 for which no explanation has been given. 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, considering the fact that the co-accused who was granted bail by this court recovery of mobile and scooty of the complainant was made from him namely Dumar Randhari and he has been granted bail by this court in MCRC No.3535/2025 on 7/05/2025 and he had also two criminal antecedents of the year 2016 from the state of odisha so far as the applicant is concerned, no recovery of any incriminating article from his possession has been made and he too has two criminal antecedents which he has explained in para 4A, considering the period of detention of the applicant since 3/04/2025, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant-Sumit Singh Thakur, involved in Crime No.503/2025 registered at Police Station Sarkanda Bilaspur, District:- Bilaspur (C.G.) for the offence punishable under Sections 4 309 (2), 3(5) of B.N.S., 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 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri