1 2025:CGHC:31407 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5251 of 2025 Roshan Netam S/o Shri Shivji Netam Aged About 26 Years R/o Kopaktel, Thana Durgukondal, Presently R/o Tahsil Para, Bhanupratappur, District North Baster Kanker (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Bhanupratappur, District North Baster Kanker (C.G.) ... Respondent For Applicant : Shri Rajendra Patel, Advocate. For Respondent/State : Shri Saumya Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.225/2024 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.09 18:34:05 +0530 2 Bhanupratappur, Distt- North Baster Kanker (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 309(4) of BNS. 2. Case of the prosecution, in brief, is that a report was lodged by the complainant Lakhan Lal Patel on 05.11.2024 with the averment that he along with his companion had gone to liquor shop at about 4 pm, consumed liquor and due to high intoxication slept near the shop alongside his bike, after sometime he woke up and tried to start the bike but could not start since the plug of motorcycle was missing, so he was going home by foot, at that time near pan shop at about 9-9:30 pm 3 unknown persons came, beaten him and took away the motorcycle, aadhar card, ration card and mobile phone. So on the basis of the said report an FIR for commission of abovementioned offences was registered against unknown persons. During the investigation the co- accused persons were arrested, their memorandum statement was recorded and on the basis of the said memorandum statement arrested the applicant and after completion of the investigation chargesheet was filed. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that co-accused person namely Diyanat Khan has been granted regular bail by this Court in MCRC No.4909/2025 on 26/06/2025. He would submit that the applicant has no criminal antecedents and he is in jail since 29/04/2025, charge sheet has 3 been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. He would submit that charge sheet has been filed in the present case before the competent court and the applicant has no criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, considering the fact that co-accused person namely Diyanat Khan has been granted regular bail by this Court in MCRC No.4909/2025 on 26/06/2025, applicant has no criminal antecedents, considering the period of detention of the applicant since 29/04/2025, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the applicant-Roshan Netam, involved in Crime No.225/2024 registered at Police Station Bhanupratappur, Distt- North Baster Kanker (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 309(4) of BNS., 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 4 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 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 5 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 send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri