1 2025:CGHC:33052 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5510 of 2025 1 - Anshu Baksail, Aged About 25 Years, S/o Vishal Baksail, 2 - Vijay Singh Thakur, Aged About 25 Years S/o Rakesh Both R/o Ganesh Nagar, Naya Para Thana- Sirgitti, Tehsil And Distt.- Bilaspur (C.G.) ... Applicants versus State Of Chhattisgarh Through Arakshi Kendra Thana Torwa, Distt.- Bilaspur (C.G.) ... Respondent For Applicants : Shri Krishna Kumar Khatri, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.16 19:08:05 +0530 2 grant of regular bail to the applicants who have been arrested in connection with Crime No.158/2025 registered at Police Station Torwa, Bilaspur (Chhattisgarh) for the offence punishable under Sections 309(4), 3(5) of the Bharatiya Nyaya Sanhita and Sections 25, 27 of the Arms Act. 2. Case of the prosecution, in brief, is that complainant, Chandrakumar Kaushik, works as an auto driver at the railway station. On the date of incident on 19/04/2025, at around 1:30 AM, he was standing near his auto, waiting for passengers, and was looking at his mobile phone. Meanwhile, three people arrived on a scooter and snatched his mobile phone from his hand and fled. When he raised an alarm, his fellow auto drivers, Satish Verma and Chand Mohammad, came to his aid. The mobile snatchers fled towards Gate No. 1. Chand Mohammad was near the gate, and he and Satish chased the snatchers but returned from Titli Chowk, where the snatchers were involved in another robbery with Chand Mohammad. At that moment, the police arrived and caught one tall boy, while two boys escaped. Chand Mohammad stated that he was sitting in his auto with his prosthetic leg when the same boys on a scooter came and threatened him, snatching ₹750 from his shirt pocket. Based on this incident, the aforementioned crime was registered against the accused, and the case is under investigation. 3. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the present 3 case. He would submit that they are simple village laborers who earn their livelihood through manual labor and due to personal enmity, a false complaint was lodged, and they were implicated in the crime. He would submit that co-accused namely Luckydas Manikpuri has been granted regular bail by this Court in MCRC No.5418 of 2025 on 11/07/2025, charge sheet has been filed and they are in jail since 19/04/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 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. She would submit that from applicant No.1 knife has been seized and from applicant No.2 mobile has been seized. She would further submit that the applicant No.1 has no previous criminal antecedent and applicant No.2 has one criminal antecedent of the year 2023. Hence the applicants are 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, considering the fact that co-accused namely Luckydas Manikpuri has been granted regular bail by this Court in MCRC No.5418 of 2025 on 11/07/2025, charge sheet has been filed and they are in jail since 19/04/2025 and trial is likely to take some time for its conclusion, this Court is of the view that the 4 applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the applicants-Anshu Baksail and Vijay Singh Thakur, involved in Crime No.158/2025 registered at Police Station Torwa, Bilaspur (Chhattisgarh) for the offence punishable under Sections 309(4), 3(5) of the Bharatiya Nyaya Sanhita and Sections 25, 27 of the Arms Act, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants 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 applicants 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 them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such 5 proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants 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 them 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