1 2025:CGHC:31391 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5282 of 2025 1 - Sangam S/o Arvind Tirkey Aged About 18 Years R/o Village - Puranga, P.S. - Bagicha, Dist - Jashpur Chhattisgarh 2 - Aman Kindo S/o Ranjit Kindo Aged About 18 Years R/o Village - Puranga, P.S. - Bagicha, Dist - Jashpur Chhattisgarh ... Applicants versus 1 - State Of Chhattisgarh Through Station House Officer, Police Of Police Station - Baagicha, District - Jashpur Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Syed Ishhadil Ali, Advocate For Respondent : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/07/2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No.91/2025 registered at Police Station Baagicha, District-Jashpur (C.G.) for the offence punishable under Sections 191(1), 191(3), 190, 119(1), 296, 310(2), 331(6) of Bharatiya Nyaya Sanhita (for short ‘BNS’). VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 2. The first bail application filed by the applicants before this Court has been dismissed as withdrawn on technical ground in MCRC No.4754 of 2025 vide order dated 23.06.2025. 3. Case of the prosecution, in brief, is that, on the basis of the Complaint received on 28.04.2025 police station Baagicha, dist.- Jashpur(C.G.) and lodged a report that accused opened the grocery shop of the complainant and asked for money from the complainant for gutk, cigarette and liquor. On refusal, they abused the complainant and took out Rs. 23,000/- from the cash box and beat up the complainant and his wife, on which the complainant has filed a report against the Accused/Applicant and offence was registered against the present applicant but applicant denied all the allegation against him. 4. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. It is alleged by the learned counsel for the applicants is that the accused persons were opened the grocery shop of the complainant and asked for money from the complainant for gutka, cigarette and liquor. He further submits that nothing has been seized from the applicants, only tune of Rs.200/- from the applicant No.1 and Rs.100/- seized from the applicant No.2. The applicants are in jail since 29.04.2025, the applicants have no criminal antecedent, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that on 28.04.2025 police station Baagicha, dist.- Jashpur(C.G.) and lodged a report that accused opened the grocery shop of the complainant 3 and asked for money from the complainant for gutka, cigarette and liquor. On refusal, they abused the complainant and took out Rs. 23,000/- from the cash box and beat up the complainant and his wife, therefore, the applicants are not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, looking to the fact that nothing has been seized from the applicants, only tune of Rs.200/- from the applicant No.1 and Rs.100/- seized from the applicant No.2 and injury sustained by the injured are simple in nature. The applicants are in jail since 29.04.2025, the applicants have no criminal antecedent and the trial is likely to take some time for its conclusion, without expressing any opinion on the merits of the case, this Court is of the opinion that it is a fit case to enlarge the applicants on regular bail. 8. Accordingly, the bail application of applicants- Sangam and Aman Kindo, involved in Crime No. 91/2025 registered at Police Station Baagicha, District-Jashpur (C.G.) for the offence punishable under Sections 191(1), 191(3), 190, 119(1), 296, 310(2), 331(6) of Bharatiya Nyaya Sanhita (for short ‘BNS’), is allowed. Applicants 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 court. In case of default of this condition, it shall be open for the trial court to treat it as abuse 4 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 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali