1 2025:CGHC:33484 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5567 of 2025 Bhushan Kaser Alias Ravi S/o Late Narsingh Kaser Aged About 22 Years R/o Imlichapar, Kusmunda, Police Station Kusmunda, Dist. Korba Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station - Ratanpur, District - Bilaspur Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Anshul Tiwari, Advocate. For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 435/2022, registered at Police Station Ratanpur, District - Bilaspur (CG) for the offence punishable under Sections 341, 394 and 34 of IPC. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. The prosecution story in brief, is that on 02.08.2022, the complainant, Nasiar Ansari, filed a report stating that on 01.08.2022, while driving his truck (CG-15-AC-4686) from Gevra to Lokhandi with a load of coal, he was stopped by two men and a woman near Bagdeva Toll Plaza at around 11 PM. The trio, who pretended to need a lift, assaulted the complainant and stole Rs.5,000/- in cash and an Oppo Reno mobile phone. Jawahar Ekka was caught at the scene, while his accomplices, Ravi and Arti, fled after committing the crime. Based on the report, a case was registered at Ratanpur Police Station, and the investigation was initiated. The accused, Jawahar Ekka and Arti Karsh, were arrested, and a charge sheet was filed against them in court. The accused, Bhushan alias Ravi Kaser, had been absconding since the incident and was arrested on June 5, 2025. During interrogation, he confessed to committing the crime with the other two accused. The investigation is ongoing. Based on the complainant's report, the City Kotwali Police Station registered a case (Crime No. 435/22) under Sections 341, 394, and 34 of the IPC and initiated an investigation. During the investigation, the accused, Bhushan alias Ravi Kaser, was arrested on June 5, 2025. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the crime in question. He further submits that the applicant has been implicated solely based on the statement of complainant, which holds weak 3 evidentiary value in law and cannot form the sole basis for their continued incarceration, whereas co-accused, namely, Arti Karsh has already been granted bail by learned trial Court vide order dated 18.08.2022. He also submits that the applicant has no involvement in the alleged crime, and the vague allegations made against him are adversely affecting his social reputation. As the sole breadwinner of his family, the applicant struggles to make ends meet, working as a daily wager with a minimal income and lacking a permanent job to support his family. The applicant is in jail since 05.06.2025, the applicant has no criminal antecedent, trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the case pertains to the year 2022, as the incident had taken place on 02.08.2022 while driving his truck (CG-15-AC-4686) from Gevra to Lokhandi with a load of coal, he was stopped by two men and a woman near Bagdeva Toll Plaza at around 11 PM, the trio assaulted the complainant and stole Rs.5,000/- in cash and an Oppo Reno mobile phone. The accused, Jawahar Ekka and Arti Karsh, were arrested, whereas present applicant had absconded and was arrested on 05.06.02025, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 4 6. From perusal of the case diary, it transpires that the case pertains to the year 2022, as the incident occurred on 02.08.2022 while driving his truck (CG-15-AC-4686) from Gevra to Lokhandi with a load of coal, he was stopped by two men and a woman near Bagdeva Toll Plaza at around 11 PM, the trio assaulted the complainant and stole Rs.5,000/- in cash and an Oppo Reno mobile phone. The accused, Jawahar Ekka and Arti Karsh, were arrested, whereas applicant/accused has been absconding for nearly three years since the incident, attempting to evade the law and was arrested on 05.06.02025, there is every likelihood that he may abscond again, which would hamper the trial. Furthermore, the accused in his memorandum statement has confessed to committing the crime. 7. Accordingly, the bail application of the applicant - Bhushan Kaser Alias Ravi, involved in Crime No. 435/2022, registered at Police Station Ratanpur, District - Bilaspur (CG) for the offence punishable under Sections 341, 394 and 34 of IPC, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil