1 / 3 2025:CGHC:34607 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5671 of 2025 Atul Ekka S/o Viajy Ekka Aged About 26 Years R/o Vill-Ghughri (Kadamtoli), P.S.- Bagicha, Jashpur, Dist- Jashpur (C.G.)) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station- Baagicha, District- Jashpur- Chhattisgarh. ...Respondent For Applicant : Mr. Syed Ishhadil Ali, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 21.07.2025 1. This the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.42/2025 registered at Police Station – Baagicha, Jashpur District - Jashpur (C.G.), for the offences punishable under Sections 309(4), 309(6), 140(3) & 3(5) of BNS 2023. 2. That, the prosecution story, in brief is that, on the basis of the Complaint received from complainant as on dated 24.02.2025 at about VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.22 12:53:24 +0530 2 / 3 9:00 P.M. applicant alongwith other Co-accused robbered the Bolero registration no. J.H.-01-CR-5277 of Victim named Parbil and also trying to Kidnap the parbil by assaulting the victim for that Subil bhagat made complaint before the respondent authority police station Baagicha, dist.-Jashpur(C.G.) and lodged 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. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that there is a case of false implication and complainant and victim both were examined by the trial Court and in their examination both of them turned hostile and not supported the case of the prosecutions. Copy of the deposition of the complainant and victim is annexed herewith as Annexure A/2. He further submits that applicant not ever aware of that FIR were registered against the present applicant to which he went to jail therefore no case is made out against the present applicant and he in in jail 25.02.2025, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence, as well as the material available on record, including the case diary, and upon hearing the submissions of learned counsel for the applicant who submits that the applicant and the victim were friends and they had gone for 3 / 3 wandering voluntarily, though both the complainant and the victim have turned hostile but considering the fact that the trial is in progress, therefore, I am not inclined to grant regular bail to the applicant at this stage. 7. Accordingly, the regular bail application of the applicant –Atul Ekka, involved in Crime No.42/2025 registered at Police Station – Baagicha, Jashpur District - Jashpur (C.G.), for the offences punishable under Sections 309(4), 309(6), 140(3) & 3(5) of BNS 2023, is rejected. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavor to conclude the trial as expeditiously as possible within a period of three months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. 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