1 2025:CGHC:30658 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4368 of 2025 • Tikeshwar Alias Vicky Mishra S/o Omkar Mishra Aged About 22 Years R/o Village Kamtha, Tahsil- Simga And District- Baloda Bazar (C.G.) ... Applicant versus • State of Chhattisgarh Through- Station House Officer, Police Station- Hathband, District- Baloda Bazar (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ankur Seth, Advocate For Respondent/State : Mr. Shubha Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/07/2025 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 connection with Crime No.161/2024 registered at Police Station Hathband, District Baloda-Bazar (C.G.) under Section 109, 3(5) of BNS. 2. As per prosecution case is that on 23.08.2024 at about 10 A.M. Tulsiram Verma reached police station Hathband and lodged an FIR that on night of 22.08.2024 about 9 P.M. one of Friend of 2 Jai Alias Chirag Verma was informed by one one his relative that 3 unknown person has looted his money and attacked him with some sharp object and are running towards Village- Mohbhatta on a bike, Tulsiram's son Lakhender Verma the sufferer was also with Jai Alias Chirag Verma when a suspected bike passed from the road after confirming the identification from his relative Chirag Verma along with Lakhendra Verma chase them and when they all fell due to bike crashed near village - Bade Bata and then Chirag verma and the sufferer Lakhendra caught and started interrogating them one of the unidentified accused stabbed Lakhendra Verma and among three two of them ram away. On 23.08.2025 the applicant was arrested by Police Station Bhatapara Gramin in concerned Crime of Looting the money which was informed to Chirag Verma in this alleged offence. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case and there is no any evidence against the applicant and TIP has not been conducted which is very fatal for the case of prosecution as the applicant was arrested on 23.08.2024 in crime No. 425 of 2024, 426 of 2024 in connected FIR to this Crime No.161 of 2024. He further submits that injury sustained by the injured is simple in nature as per MLC report. He also submits that applicant is having two previous criminal case in crime No.425 of 2024 offence under Section 311, 3(5) of BNS, 25, 27 Arms Act and in Crime No. 426 of 2024 offence under Section 309(4), 112(2), 3(5) 3 of BNS and Section 25 of BNS Arms Act and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non-applicant would oppose the bail application and submit that applicant is having two previous criminal case in crime No.425 of 2024 offence under Section 311, 3(5) of BNS, 25, 27 Arms Act and in Crime No.426 of 2024 offence under Section 309(4), 112(2), 3(5) of BNS and Section 25 of BNS Arms Act and looking to the conduct of the applicant he is not entitled for grant of bail. 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 and also considering the fact injury sustained by the injured is simple in nature, trial is likely to take some time for its conclusion, he is in jail since 05.02.2025, looking to the detention period of the present applicant, this Court is of the view that the applicant is entitled to be released on bail in this case 7. Let the Applicant – Tikeshwar Alias Vicky Mishra, involved in Crime No.161/2024 registered at Police Station Hathband, District Baloda-Bazar (C.G.) under Section 109, 3(5) of BNS. be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 ((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 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 vaishali