1 2025:CGHC:25052 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4577 of 2025 1 - Aman Kumar Sahu S/o. Premlal Sahu Aged About 21 Years R/o. Purani Basti Korba, Tahsil And District - Korba (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Kotwali, District - Korba (C.G.) ... Respondent For Applicant : Mr. Suresh Tandon, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/06/2025 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. 47/2025 registered at Police Station - Kotwali District Korba (C.G.) for the offence punishable under Sections 296, 351(2), 126, 309 of BNS. 2. Case of the prosecution, in brief, is that the complainant namely Manish Yadav has lodged the report against the unknown person stating that some unknown person has committed marpeet and looted Rs. 1200/- and motorcycle from him. Thereafter, the police has registered the case under section 296, 351(2), 126 & 309 of B.N.S. against the unkown person and during investigation, police VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.19 10:06:36 +0530 2 has arrested the present applicant on 22.01.2025. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the co-accused has already been granted regular bail by this Hon’ble Court vide order dated 29.05.2025 passed in MCRC No. 4195 of 2025. The applicant is in jail since 22.02.2025 and only on the basis of memorandum statement and merely suspicion the applicant has involved in the present case, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He also submits that the applicant has previous criminal antecedents vide crime No. 262 of 2023 for the offence under Section 392,34 of IPC. 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, nature and gravity of offence, period of detention of the applicant since 22.01.2025, considering the fact that neither any looted amount nor any incriminating article has been recovered from the possession of the applicant and co-accused has already been granted regular bail by this Hon’ble Court vide order dated 29.05.2025 passed in MCRC No. 4195 of 2025. charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Aman Kumar Sahu, involved in Crime No. 3 47/2025 registered at Police Station - Kotwali District Korba (C.G.) for the offence punishable under Sections 296, 351(2), 126, 309 of 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 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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali