1 2025:CGHC:37325 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4841 of 2025 1 - Bhawani Shankar Sarswat S/o Rajendra Kumar Sharma Aged About 24 Years R/o Balaji Electronics Mg Road, Gurunank Chowk, Raipur, District Raipur Chhattisgarh (Name Of The Applicant And Applicants Father Name Wrongly Mentioned In The Order Sheet) 2 - Ravi Sharma S/o Shir Shivratan Sharma Aged About 22 Years R/o Near Rupadevi School, Ward No, 14 Biggabas, Shridungargarh District Bikaner,Rajasthan. 3 - Bhawani Shankar Sharma Lalji S/o Shri Haridatt Sharma Aged About 29 Years R/o Flat No. 307, D.D. Homes, Goverdhanpur, District Ambikapur Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Aminpara Area, At Azad Chowk, Aminpara, Raipur, Chhattisgarh, 492001 ... Non-applicant For Applicants : Mr. Vaibhav Shukla, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.07.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants have been arrested in connection with Crime No. 111/2025 registered at Police Station – Azad Chowk District - Raipur (C.G.), for VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.31 18:40:37 +0530 2 the offence punishable under Sections 309(4) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution case, on 01/05/2025, the Mahavir Prasad Sharma lodged a report in the police station that on 30/04/2025 at 19:45, he was going from MG Road Raipur to his house Samta Colony in his Activa vehicle number-CG-04/PX-9873, then three unknown robbers came behind Kedar Hospital beat the complainant and looted the complaint's Activa vehicle and Rs 4,40,000/- kept in the bag and the Activa vehicle and the Oppo company mobile kept in the pocket and fled. On the basis of the above report, a crime under section 309 (4) of the Indian Penal Code has been registered by the Azad Chowk Police Station, Raipur under crime number-111/2025 and investigation is being done. The applicants had earlier filed a bail application before the Court of 10th Additional Sessions Judge, Raipur, District Raipur (Chhattisgarh)., which was registered as Bail Application No. 1458/2025 and was rejected vide order dated 31/05/2025. 3. Learned counsel for the applicants submits that the present applicants are innocent person and has been falsely been implicated in the aforesaid case. He further submits that applicants are innocent and has not been committed any offence which is punishable under Section 309(4) of the BNS 2023. He further submits that the applicants were neither named nor implicated in the initial FIR. Their implication arose from the memorandum of co-accused kalu, which is inadmissible as substantive evidence the prosecution has failed to link the applicants to the crime through tangible evidence, witness testimony or electronic records. He further submits that there is no seizure of stolen cash, 3 vehicle, or weapon was made from the applicants and the applicants are in jail since 11.05.2025, conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand, the learned State counsel opposes the bail application of the present applicants. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicants, the fact that no stolen cash, vehicle, or weapon was recovered from their possession, that the applicants have no previous criminal antecedents, and that they have been in jail since 11.05.2025, and considering that the conclusion of the trial is likely to take some time, I am inclined to grant regular bail to the present applicants 7. Let applicants, Bhawani Shankar Sarswat, Ravi Sharma, and Bhawani Shankar Sharma Lalji, involved in Crime No. 111/2025 registered at Police Station – Azad Chowk District - Raipur (C.G.), for the offence punishable under Sections 309(4) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two local 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 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 4 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 misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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 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 vaibhav