1 2025:CGHC:5334 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 224 of 2025 Ved Prasad Jangde S/o Santosh Jangde Aged About 19 Years R/o Naveen Chamari, Police Station - Mungeli, District - Mungeli (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station- Civil Line, Bilaspur, District – Bilaspur (C.G.) ---- Non-applicant For Applicant : Mr. Vipin Singh Thakur, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.01 .202 5 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. 949/2024, registered at Police Station – Civil Line, Bilaspur, District – Bilaspur (C.G.) for the offence punishable under Sections 126(2), 109, 3(5), 310(4)(5), 62 and 311 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on 05.10.2024 the complainant Paras Ram Panjwani lodged report at Police Station, Civil Line, Bilaspur, alleging therein that his son Yogesh Panjwani is running a shop in RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.30 10:57:05 +0530 2 Vyapar Vihar, Bilaspur and on 05.10.2024 at about 8.30 PM, the son of complainant closed the shop and left his workers Mohit Jangde and Ved Jangde by his motorcycle at Talapara and thereafter he coming towards Kundan Palace, at that time two persons came in motorcycle stopped the son of complainant and snatched his mobile and bag, which was objected by his son, upon which, the accused persons have attempted with the help of knife over the abdomen of son of complainant, due to which he received injuries and admitted in CIMS, Bilaspur. On the basis of above report, the offence was registered. 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. It is further submitted that though the injuries sustained to the injured are grievous in nature, but it was the co-accused, namely, Jaidul Haq who has assaulted the injured with knife and the applicant was only accompanying the co- accused which transpires from the confessional statement of the co- accused, and only on the basis of suspicion the applicant is implicated in the present case. The applicant is in jail since 06.10.2024 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 05.10.2024 the complainant Paras Ram Panjwani lodged report at Police Station, Civil Line, Bilaspur, alleging therein that his son Yogesh Panjwani is running a shop in 3 Vyapar Vihar, Bilaspur and on 05.10.2024 at about 8.30 PM, the son of complainant closed the shop and left his workers Mohit Jangde and Ved Jangde by his motorcycle at Talapara and thereafter he coming towards Kundan Palace, at that time two persons came in motorcycle stopped the son of complainant and snatched his mobile and bag, which was objected by his son, upon which, the accused persons have attempted with the help of knife over the abdomen of son of complainant, due to which he received injuries and admitted in CIMS, Bilaspur. On the basis of above report, the offence was registered, 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, further the fact that though the injuries sustained to the injured are grievous in nature, but it was the co-accused, namely, Jaidul Haq who has assaulted the injured with knife and the applicant was only accompanying the co- accused which transpires from the confessional statement of the co- accused, and only on the basis of suspicion the applicant is implicated in the present case, the applicant is in jail since 06.10.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Ved Prasad Jangde, involved in Crime No. 949/2024, registered at Police Station – Civil Line, Bilaspur, District – Bilaspur (C.G.) for the offence punishable under Sections 126(2), 109, 3(5), 4 310(4)(5), 62 and 311 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 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 sufÏcient 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 sufÏcient cause, then it shall be open for the 5 trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce 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 Rahul