1 2025:CGHC:29562 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5039 of 2025 Amar Dhruw @ Raja S/o Kunjram Dhruw Aged About 30 Years R/o Paunsri, P.S. City Kotwali, District Balodabazar-Bhatapara (C.G.) (Details Of Applicant Is Wrongly Mentioned In Order) ... Applicant versus State Of Chhattisgarh Through P.S. City Kotwali, District Balodabazar- Bhatapara (C.G.) ... Respondent For Applicant : Shri Pragalbha Sharma, Advocate. For Respondent/State : Shri Saumya Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/07/2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.263/2025 registered at Police Station City Kotwali, Balodabazar for GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.02 18:10:50 +0530 2 the offence punishable under Sections 119 (1) of BNS, 2023 and 25, 27 of Arms Act. 2. Case of the prosecution, in brief, is that a complaint was lodged by one Santosh Yadav, alleging therein that on 15.03.2025 at about 08:00am, when he was at his house the applicant came and demanded ransom of Rs. 5,000/- by showing knife to him, if the said amount is not delivered, the applicant threatened him for life. Hence the FIR. 3. Learned counsel for the applicant submits that this is the second bail application of the applicant and the first bail application of the applicant was rejected by this Court on technical ground on 16/06/2025 in MCRC No.4483/2025. He would submit that the applicant is innocent and has been falsely implicated by the police. He would further submit that during the festive time of Holi, some altercation had taken place between the applicant and the complainant, therefore the false FIR has been lodged against him and the alleged weapon was not seized from the actual possession of applicant. He would submit that the applicant has been falsely implicated by the complainant due to previous enmity between his family members and complainant, infact the applicant does not reside Balodabazar, but he lives in Raipur, and was on visit there due festival. He would submit that the applicant has three criminal antecedents in which he is on bail. It is further submitted that the applicant is in jail since 17/03/2025, charge sheet has been filed and trial is likely to take some time for its conclusion, therefore he prays for releasing the applicant on regular bail. 3 4. On the other hand, learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and the first bail application of the applicant was rejected by this Court on technical ground on 16/06/2025 in MCRC No.4483/2025. Considering the facts and circumstances of the case, nature and gravity of offence, considering the fact that the applicant has three criminal antecedents in which he is on bail, charge sheet has been filed, and he is languishing in jail since 17/03/2025 and trial is likely to take some time for it’s conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the second bail application is allowed and it is directed that the Applicant - Amar Dhruw @ Raja, involved in Crime No.263/2025 registered at Police Station City Kotwali, Balodabazar for the offence punishable under Sections 119 (1) of BNS, 2023 and 25, 27 of Arms Act, 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 4 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 liberty of bail and proceed against him in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri