1 2025:CGHC:25876 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4630 of 2025 Ashish Pandya S/o Ujjawal Pandya Aged About 31 Years R/o Lalbagh Prabhat Nagar, Police Station Basantpur, District Rajnandgaon Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Police Station Basantpur, District Rajnandgaon Chhattisgarh (District Wrongly Written As M.M.C. In Order Sheet Of Court Below) ...Non-applicant For Applicant : Mr. Aman Tamrkar, Advocate For Res/State : Mr. Hari Om Rai, Panel Lawyer For Res./Objector : Mr. Sajal K. Gupta, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.06.2025 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 has been arrested in connection with Crime No. 129 of 2025 registered at Police Station Basantpur, District- Rajnandgaon (C.G.), 2 for the offence punishable under Sections 119(2), 309(1) 309(2), 309(3) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case is that the complainant Dewesh Chawda lodged a report before the officials of Police Station Basantpur, District- Rajanandgaon that on 19.03.2025, the present applicant took a lift from the complainant and took him to Sagarpara Road and threatened the complainant of dire consequences and demanded Rs. 50,000/- from him. The present applicant assaulted the complainant through knife, hand and fists due to which the complainant received injuries and further took Rs. 20,000/- from him through Phone Pay application. Therefore, the complaint has been made and during the investigation, the applicant was arrested. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He submits that a compromise has been taken place between the applicant and the complainant and the complainant has no objection for grant of bail to the applicant. He also submits that the applicant is in jail since 21.03.2025 conclusion of the trial may take some time. Therefore, she prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. He would also submit that the applicant has 09 criminal antecedents and 7 Istagasha, therefore, he may not be granted bail. 5. Mr. Gupta, learned counsel appearing on behalf of the objector, 3 would submit that he has no objection for grant of bail to the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case and further the fact that the matter has been compromised between the parties moreover, the charge-sheet has already been submitted before the competent Court in the present case and the applicant is in jail since 23.03.2025, conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant – Ashish Pandya involved in Crime No. 129 of 2025 registered at Police Station Basantpur, District- Rajnandgaon (C.G.), for the offence punishable under Sections 119(2), 309(1)309(2), 309(3) of the Bhartiya Nyaya Sanhita, 2023 be released on bail on furnishing 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 his under 4 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 his, 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. 9. 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 amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.20 19:16:49 +0530