1 2025:CGHC:35535 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5009 of 2025 1 - Amandeep Balmiki @ Ammu S/o Mohanlal Balmiki Aged About 24 Years R/o Village Dhottar, Near Bus Stand Khichi Medical, Thana Rania, District Sirsa Haryana --- Applicant versus 1 - State Of Chhattisgarh Through P.S. Telibandha, Distt. Raipur Chhattisgarh --- Respondent(s) For Applicant : Mr. Anand Dadariya, Advocate For Respondent(s) : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23/07/2025 1. The applicant has preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 494/2024, registered at Police Station Telibandha, District- Raipur (CG) for the offence MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2025.07.24 13:40:56 +0530 2 punishable under Sections 109, 111, 308(5), 61B, 3(5) of BNS, 2023 and Sections 25 and 27 of Arms Act. 2. The prosecution story in brief is that on 13.07.2024 an FIR was registered as Telibandha P.S. Case No. 494 of 2024, based on information provided by Rahul Verma. The informant, an employee of P.R.A. India Pvt. Ltd. stated that on 13.07.2024, he went to work at 8:30 AM at the company’s office in Ring Road No. 1 Industrial Building, Telibandha. At around 11:00 AM, the driver of the company director’s vehicle CG04 NZ 8875 started the engine and was about to leave when two unknown individuals, covering their faces, arrived on a Pulsar motorcycle. The pillion rider, armed with a gun, fired shots in front of the vehicle. The informant and the driver, Govind Chatri, managed to save their lives by entering the office. The pillion rider fired two more rounds, but the informant and driver escaped unharmed. They then informed the director’s gunman, who came outside and retaliated with gunfire. The two unknown individuals fled towards the industrial building, and the informant noted the motorcycle’s registration number as JH 01 DN 4692. The FIR was lodged under various sections including 109, 111, 308(5), 61 B, 3(5) of BNS, 2023 and Section 25 and 27 of the Arms Act against two unknown accused persons. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the applicant was neither the accused who was riding the 3 motorcycle nor was the accused who was sitting as pillion rider making firing and the applicant is not the owner of the motorcycle having registration no. JH 01 DL 4692 which was used in commission of the alleged occurrence. He further submits that the applicant is not named in the FIR and the FIR was lodged against two unknown persons. He later submits that the applicant was not present at the place and time of occurrence. He also submits that the other co-accused person of this case has been granted bail by this Court in M.Cr.C. No. 8081 of 2024 vide order dated 19.12.2024. He would further submit that there are 7 criminal antecedents agains the present applicant which he has explained in para 4(a) of his bail application. The applicant is in jail since 20.07.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of regular bail of the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge sheet has been submitted and there are 7 Criminal Antecedents against the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of allegation made against the applicant and the fact that the applicant was neither the accused who was riding the motorcycle nor was the accused who was sitting as pillion rider 4 making firing and the applicant is not the owner of the motorcycle having registration no. JH 01 DL 4692 which was used in commission of the alleged occurrence and also the applicant is not named in the FIR and further the fact that co-accused namely Noor Saba Praveen @ Pammi has already been granted bail by this Court in M.Cr.C. No. 8081 of 2024 vide order dated 19.12.2024, the charge sheet has already been filed and he is in jail since 20.07.2024, and the trial is likely to take considerable time for its conclusion, also considering the explanation given by the counsel for the applicant in para 4(a) of his bail application regarding the criminal antecedents agains the present applicant, this Court is of the opinion that it is a fit case for grant of regular bail. Accordingly, the bail application deserve to be and is hereby allowed. 7. Let the Applicant- Amandeep Balmiki @ Ammu involved in Crime No. 494/2024, registered at Police Station Telibandha, District- Raipur, (C.G.) for the offence punishable under Sections 109, 111, 308(5), 61B, 3(5) of BNS, 2023 and Sections 25 and 27 of Arms Act be released on bail on their furnishing a personal bond with two local 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 5 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 them under Section 269 of Bhartiya Nyay Sanhita, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant fail 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 Bhartiya Nyaya Sanhita, 2023. (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 BNSS. If in the opinion of the trial court absence of the applicants 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 6 against them in accordance with law. 8. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Madhurima