1 2025:CGHC:32285 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5418 of 2025 Luckydas Manikpuri S/o Fuldas Aged About 18 Years R/o Ganesh Nagar Nayapara, Joti Medical Ke Pas, P/s Sirgitti, District Bilaspur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Torwa, District Bilaspur C.G. ... Respondent(s) For Applicant(s) : Mr. Sanjay Kumar Sahu, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/07/2025 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. 158/2025 registered at Police Station Torwa, District Bilaspur (C.G.) for the offence punishable under Section 309, 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the complainant, an auto rickshaw driver, was robbed of his mobile phone and Rs.780/- in cash by unknown persons on 19.04.2025, at around 1:30 P.M. while he was waiting for passengers near Gate No. 1. Based on the complaint, the police registered an offense under relevant sections against unknown persons. During the investigation, the police arrested the present applicant based on a memorandum statement, linking him to the crime. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the actual fact of the case that the accused, Ansul Baksel, had a dispute with the complainant, which escalated into a physical altercation in front of Mulkraj Hotel. The complainant and others allegedly assaulted Ansul Baksel, and when others intervened, they too were attacked with rods, sticks, and other objects, resulting in grievous injuries, the applicant has neither committed loot of any article nor assaulted anyone. He also submits that on the basis of mere suspicion and on the basis of memorandum statement present applicant has been made an accused in the case. The applicant is in jail since 19.04.2025, the applicant has no criminal antecedents, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant and his 3 associates allegedly robbed the complainant, who is an auto rickshaw driver on 19.04.2025 at around 1:30 P.M. when he was waiting for passenger, further there is recovery of Rs.750/- has been made from the possession of present applicant, therefore he is not entitled for grant of bail. 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, period of detention of the applicant since 19.04.2025, the fact that though prima facie it appears that the applicant is alleged to have robbed the complainant, who is an auto rickshaw driver on 19.04.2025 at around 1:30 P.M. when he was waiting for passenger and there is recovery of Rs.750/- from the possession of present applicant, but the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case, accordingly, the application is allowed. 7. 7. Let the Applicant - Luckydas Manikpuri, involved in Crime No. 158/2025 registered at Police Station Torwa, District Bilaspur (C.G.) for the offence punishable under Section 309, 3(5) 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 conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 4 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 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 Akhil