1 2025:CGHC:33439 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4716 of 2025 • Surendra Kumar Kurrey S/o Narayan Prasad Kurrey Aged About 22 Years R/o Village - Marrakona, P.S. - Saragaon, District - Mungeli, (C.G.) ... Applicant versus • State Of Chhattisgarh Through - P.S. - Kondagaon, District - Kondagaon, C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Hemant Dupta, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/07/2025 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.118/2025 registered at Police Station Kondagaon (C.G.) under Section 309(4), 127(2), 332(c), 61(1)(b), 204, 310(2), 332(B) of BNS. 2. Case of the prosecution is in a nutshell that, on 20-03-2025 Tuleshwari Manikpuri /complainant lodged a written report to the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.18 12:54:58 +0530 2 police at Kondagaon police station, - that, 4 unknown persons came on INOVA car barring registration no CG-10-BM-3041 and they have forcibly entered into her house of complainant & committed loot of one the DVR & 5,00,000/- (Five Lack Rs.) form her house pretending to an Income Tax Officers, which has been witnessed by Pushkar Thakur & Amleshwar Patel as well. And thereby the offence has been committed in which the present applicant name appears & the F.I.R. of the same has been registered u/s 309 (4), 127 (2), 332 (c), 61 (1) (b), 204, 310 (2), 332 (B) of B.N.S. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He further submits thatthe present applicant is driver of the Inova car and he was doing its business in the name of "Ganapati Tour & Travelers" further he was only hired driver, who was told by the main accused that 3 other persons who were Income Tax officers would visit to Kondagaon to make a Raid, hence his taxi was haired by them, based upon that the present applicant took them and visited to Kondagaon and the eye witness of the incident would also have deposed in their 180 B.N.N.S. (Corresponding 161 CRPC) that driver was not even step out from the car, even the present applicant has no role to play in the crime accept that he was driver of hired vehicle, for which he was paid too. and applicant has no criminal antecedents and he is in jail since 24.03.2025, 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 has no criminal antecedent but looking to the conduct of the applicant he is not entitled for grant of bail. 3 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 considering the fact that applicant has no previous criminal antecedent, trial is likely to take some time for its conclusion, he is in jail since 24.03.2025, this Court is of the view that the applicant is entitled to be released on bail in this case 7. Let the Applicant – Surendra Kumar Kurrey, involved in Crime No.118/2025 registered at Police Station Kondagaon (C.G.) under Section 309(4), 127(2), 332(c), 61(1)(b), 204, 310(2), 332(B) 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:- ((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. 4 (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