1 2025:CGHC:32325 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4339 of 2025 Manish Kumar Jangde S/o Chandra Prakash Aged About 22 Years R/o Sonbandha P.S. - Takhatpur, Present Address - Village Kuwarimuda, P.S. Kota, District : Bilaspur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer Kota, District – Bilaspur, Chhattisgarh. ---- Non-applicant For Applicant : Dr. Arpit Lall, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 280/2025, registered at Police Station – Kota, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 309(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on 04.04.2025, the complainant has lodged an oral report at Police Station Kota against the applicant an co- RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 accused persons alleging that on 04.04.2025 he was going from Bilaspur to his home at Shivtarai with Bharti Kewat on his motorcycle and when he reached near the Kori Dam he stopped his motorcycle for urinating, thereafter three masked men came near the motorcycle and demanded their Aadhar card, on showing Aadhar Card, they asked him to open his face and two of the masked boys hurled abuses at his mother and sister and also slapped him due to which the complainant is having pain in his cheeks and Bharti is having pain in her back, the accused looted 2 mobile phones and Rs.1,500/- which was kept in the bag, they also assaulted and threatened to kill him and ran away, then, the Forest Guard came after hearing the call of the complainant and caught one of the boy who told his name to be Shyam Lal Dhruv, during investigation Manish Jangde was arrested. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 05.04.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that on 04.04.2025, the complainant has lodged an oral report at Police Station Kota against the applicant an co- accused persons alleging that on 04.04.2025 he was going from Bilaspur to his home at Shivtarai with Bharti Kewat on his motorcycle and when he reached near the Kori Dam he stopped his motorcycle for urinating, 3 thereafter three masked men came near the motorcycle and demanded their Aadhar card, on showing Aadhar Card, they asked him to open his face and two of the masked boys hurled abuses at his mother and sister and also slapped him due to which the complainant is having pain in his cheeks and Bharti is having pain in her back, the accused looted 2 mobile phones and Rs.1,500/- which was kept in the bag, they also assaulted and threatened to kill him and ran away, then, the Forest Guard came after hearing the call of the complainant and caught one of the boy who told his name to be Shyam Lal Dhruv, during investigation Manish Jangde was arrested, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 05.04.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Manish Kumar Jangde, involved in Crime No. 280/2025, registered at Police Station – Kota, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 309(4) and 3(5) of the BNS, 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 4 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 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 Rajshekhar