1 2025:CGHC:31670 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4836 of 2025 Vishishth Jain Allies Monti Allies Gulam Mohammad S/o Shri Subhash Jain Aged About 18 Years R/o Ekta Chowk, Kabir Nagar, Police Station Kabir Nagar, Raipur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station In-Charge Police Station Kabir Nagar, Raipur, Chhattisgarh ... Non-Applicant For Applicant : Ms. Chetna Sharma along with Mr. Himanshu Thakur, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 09.07.2025 1 Though the matter was directed to be listed after four weeks vide order dated 24.06.2025, learned counsel for the applicant has mentioned that the applicant is required to appear on 10th July, 2025 for an Entrance Examination for admission to Class XII at Krishna Public School, Sarona, District Raipur. In view of the above, a request is made to pre-pone the hearing of the matter. 2 In view of the same, the prayer is allowed. Hence, the matter be listed today in supplementary list by the Registry of this Court. 3 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.09 18:08:35 +0530 2 as he has been arrested in connection with Crime No.84/2025, registered at Police Station – Kabir Nagar, District- Raipur (C.G.) for the offence punishable under Section 308 (5) of Bharatiya Nyaya Sanhita, 2023. 4 The case of the prosecution, in brief, is that on 23.05.2025, the complainant's wife discovered that two gold necklaces weighing about 45 grams and Rs.1 lakh in cash were missing from the cupboard. When she questioned her son, Jai Meshram, he revealed that Monty/applicant, a resident of Kabir Nagar, had visited their home on 17.05. 2025, at around 2:00 pm. Monty allegedly asked Jai for money, and when Jai refused, Monty threatened him with a knife and forced Jai to open the cupboard. Monty then took the cash and gold necklaces and left. Based on this incident, a crime was registered against the applicant (Monty) on 27.05.2025, under Crime No. 84/2025. 5 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. She further submits the applicant is a young boy who has to be appeared on 10th of July, 2025 for Entrance Exam to study further in Class XII, in Krishna Public School, Sarona, District- Raipur, and the documentary evidence with regard to the same has been annexed with the bail application through covering memo, further, the applicant has no previous criminal antecedents and submits that the charge-sheet has not been filed in this case and the applicant are in jail since 28.05.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 6 On the other hand, the learned State counsel opposed the bail application. He further submits that the applicant, namely, Monty alias Vashisht Jain alias Ghulam Mohammad Gaus took away two gold necklaces worth about two lakh rupees (totaling three lakh rupees) from the complainant’s son Jai by threatening him. On the basis of the 3 memorandum statement of the applicant/accused, a knife and Rs 10,870 were seized from him. Thus, prima facie, the crime against the applicant/accused is reflected as he threatened Jai Meshram with the knife he was carrying and took away the cash and gold necklace. It is submitted that the fact is also verified that the the applicant is required to appear on 10th July, 2025 for an Entrance Examination for admission to Class XII at Krishna Public School, Sarona, District – Raipur (C.G.). 7 I have heard learned counsel for the parties and perused the documents available on record. 8 Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and further the fact that though the allegation of extortion has been levelled against the applicant and the charge-sheet has not been filed till date, but there is no any criminal antecedents of the applicant, and also considering the fact that the applicant is required to appear on 10th July, 2025 for an Entrance Examination for admission to Class XII at Krishna Public School, Sarona, District – Raipur (C.G.) and he is in jail since 28.05.2025, this Court is of the opinion that this case appears to be a fit case to enlarge the applicant on regular bail. 9 Accordingly, the bail application is allowed. Let the applicant - Vishishth Jain Allies Monti Allies Gulam Mohammad, involved in Crime No.84/2025, registered at Police Station – Kabir Nagar, District- Raipur (C.G.) for the offence punishable under Section 308 (5) of Bharatiya Nyaya Sanhita, 2023, 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 4 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 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 him in accordance with law. 10 Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. 11 C.C. today. Sd/- (Ramesh Sinha) Chief Justice Preeti