1 2025:CGHC:35475 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4955 of 2025 Kanhaiya Yadav S/o Munna Yadav Aged About 20 Years R/o Pragati Nagar, Darri, Police Station Darri, Tahsil Katghora, District Korba (C.G.) --- Applicant versus State of Chhattisgarh Through Police Station Darri, District Korba (C.G.) --- Non-Applicant MCRC No. 4904 of 2025 Sandeep Diwakar S/o Lakhan Lal Diwakar Aged About 18 Years R/o Pragati Nagar, Darri, Police Station Darri, Tahsil Katghora, District - Korba, Chhattisgarh. --- Applicant Versus State of Chhattisgarh Through Police Station Darri, District - Korba, Chhattisgarh. --- Non-Applicant For Applicants : Mr. Ravikar Patel, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.24 11:47:19 +0530 2 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 2 3.07.2025 1. The applicants have preferred these First Bail Applications under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No - 91/2025, registered at Police Station – Darri, District - Korba (C.G.) for the offence punishable under Sections 309(6), 112 (2)(B), 310(2) of Bharatiya Nyaya Sanhita, 2023. 2. As per the case of the prosecution, the complainant, Vikas Jha, lodged an FIR against 3–4 unknown persons, alleging that they looted his mobile phone and motorcycle on the night of 14.04.2025. He stated that he is a Safety Officer at MBPL, Darri. After having dinner at the company mess, he took his motorcycle (bearing registration number MP 19 MJ 7613) and was heading to the guest house via SADA Colony Road. At around 10:30 PM, while passing through K. Seejan Marg, Kendaikhar, two motorcycles approached from the front. One of the assailants attacked him with a stick (danda) and snatched his motorcycle and mobile phone. The accused then fled the scene. The complainant went to the guest house and rested for the night. The next morning, after receiving medical treatment, he reported the incident at Darri Police Station. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. He further submitted that in the FIR, the present applicants’ name are not mentioned and the main allegation for assaulting of the complainant is 3 against co-accused, whereas admittedly applicants neither abused nor assaulted the complainant. He also submitted that the applicants have no previous criminal antecedents, further the charge-sheet has been filed in this case. The applicant are in jail since 23.04.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays grant of bail to the applicants. 4. On the other hand, the learned State counsel opposes the bail application of the applicant. 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 applicants and the fact that the applicants have no criminal antecedents, further, the charge-sheet has been filed and they are in jail since 23.04.2025 and conclusion of the trial is likely to take some time, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail applications are allowed. Let the applicant - Kanhaiya Yadav (MCRC No. 4955/2025) and Sandeep Diwakar , (MCRC No. 4904/2025) involved in Crime No - 91/2025, registered at Police Station – Darri, District - Korba (C.G.) for the offence punishable under Sections 309(6), 112 (2)(B), 310(2) of Bharatiya Nyaya Sanhita, 2023, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect 4 that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS is issued and the applicants fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants 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 them in accordance 5 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 Preeti