1 2025:CGHC:39593 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5249 of 2025 Avinash Sharma S/o Rajesh Sharma Aged About 27 Years R/o Bramhan Para, Police Station Arang, District Raipur (C.G.). ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Rakhi, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Goutam Khetrapal, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.08.2025 1. This the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.88/2025 registered at Police Station – Rakhi, District - Raipur (C.G.), for the offences punishable under Sections 126, 204, 296, 308(2) 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story in brief is that 08.06.2025 applicant/accused along with co-accused stopped the truck which VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.08 20:04:24 +0530 2 complainant was driving, abused and threatened the complainant and thereafter by personating themselves to be officers of the mineral department demanded money through UPI from owner of the truck. 3. The applicant is innocent and has been falsely implicated in the present case. He is a law graduate practicing at the Revenue Court, Arang. A bare perusal of the FIR reveals that no specific demand for money was made by the applicant, nor was any amount delivered to him, and notably, the alleged demand was directed towards the truck owner, who has not lodged any complaint. There is also an unreasonable delay in the lodging of the FIR. The applicant has been in custody since 10.06.2025 and is the sole earning member of his family, whose continued detention is causing severe hardship to his dependents. As the trial is likely to take considerable time for its conclusion, the applicant, being a permanent resident of Raipur with no likelihood of absconding or tampering with prosecution witnesses, respectfully prays to be released on bail. He undertakes to appear before the trial court as required and not to misuse the liberty of bail, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State Counsel opposed the bail application of the present applicant and submitted that the charge sheet has been filed before the competent Court and that the applicant has two criminal antecedents therefore, the present applicant is not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and 3 gravity of the offence, and further taking into account that the other co- accused person has already been granted bail by this Court, that the charge sheet has been submitted before the competent Court, and the applicant has been in jail since 10.06.2025, and that the trial is likely to take some time for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Avinash Sharma, involved in Crime No.88/2025 registered at Police Station – Rakhi, District - Raipur (C.G.), for the offences punishable under Sections 126, 204, 296, 308(2) & 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 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 pass orders in accordance with law. (ii) The applicant 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 him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his 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 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 4 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav