1 2025:CGHC:22437 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4195 of 2025 1 - Aryan Khan @ Bhancha S/o Abdul Mannan Khan Aged About 18 Years R/o Moti Sagar Para, Korba, Tahsil And District Korba Chhattisgarh ... Applicant(s) versus 1 - State of Chhattisgarh Through - Police Station, Kotwali, District Korba Chhattisgarh ... Non-applicant(s) For Applicant(s) : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant(s) : Mr. Keshav Gupta, Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 29/05/2025 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. 47/2025 registered at Police Station : Kotwali, District Korba (C.G.) for the offence punishable under Sections 296, 351(2), 126 & 309 of 2 the Bhartiya Nyaya Sanhita, 2023 (BNS) Act. 2. The case of the prosecution, in brief, is that the complainant namely Manish Yadav has lodged the report against the unknown person stating that some unknown person has committed marpeet and looted Rs. 1200/- from him. Thereafter, the police has registered the case under section 296, 351(2), 126 & 309 of B.N.S. against the unknown person and during investigation, the police has arrested the present applicant on 29.01.2025. 3. Learned counsel for the applicant submits that the applicant is innocent and only on the basis of memorandum statement and merely suspicion, the applicant has involved in the present case. He further submitted that the police has not seized any article from the applicant and he has not committed theft of the seized article. Moreover, Rs. 1200/- was recovered from the co-accused. He further submits there was no previous criminal history of the present applicant. The applicant is in jail since 29.01.2025, 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. 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 3 gravity of offence and neither any looted amount nor any incriminating article has been recovered from the possession of the applicant and Rs. 1200/- has been recovered from the possession of the co-accused, further the fact that the there was no criminal history of the present applicant, further, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 29.01.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Aryan Khan @ Bhancha, involved in Crime No. 47/2025 registered at Police Station : Kotwali, District Korba (C.G.) for the offence punishable under Sections 296, 351(2), 126 & 309 of the Bhartiya Nyaya Sanhita, 2023, 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 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 4 cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicant fail 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 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 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 Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.05.30 12:03:31 +0530