1 2025:CGHC:32708 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5451 of 2025 • Sahil Khan S/o Nazir Khan Aged About 27 Years R/o Village Kapa, Police Station Tumgaon, District Mahasamund, Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through Police Station Kharora, District Raipur, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Anmol Sharma, Advocate For Respondent : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/07/2025 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.182/2025 registered at Police Station Kharora, District Raipur (C.G.) under Section 331(6), 310(2), 61(2) of BNS, 2023 and under Sections 25, 27 of Arms Act. 2. Case of the prosecution is in a nutshell that,the complainant Radheylal Bhardwaj lodge a written complaint before Police Authorities Kharora, District - Raipur stating that he is the resident VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 of Village - Kevradih, Police Kharora, District Raipur and during intervening night of 27.03.2025 to 28.03.2025 at about 2 A.M. some unknown people wearing black mask along with weapons has entered into the house of complainant and looted Rs. 6 lakhs and Rs. 2 Lakhs Jwelery for his house. Accordingly, Police Authorities registered FIR against unknown persons for offence under section 331(6), 310(2) of BNS. That during course of investigation the accused persons were arrested and memorandum statement were recorded. Later on, section 61 (2) of BNS and 25, 27 Arms Act was added and Chargesheet has been filed. The present applicant was arrested on 31.03.2025 and sent him to judicial custody. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He further submits that FIR has been lodged against the unknown person and there has been no description of any person given the FIR which would link the present applicant from the aforesaid crime and only on the basis of merely suspicious and memorandum statement of the co-accused applicant has been implicated in the present case. He further submits that the co-accused has already been granted bail by this Court in MCRC No. 3898 of 2025 vide order dated 27.06.2025 and applicant has no criminal antecedents and he is in jail since 31.03.2025, the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that applicant has no criminal antecedent but looking to the conduct of the applicant he is not entitled for grant of bail. 3 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 and considering the fact that applicant has no previous criminal antecedent, trial is likely to take some time for its conclusion, he is in jail since 31.03.2025 and co-accused has already been granted bail by this Court in MCRC No.3898 of 2025 vide order dated 27.06.2025, this Court is of the view that the applicant is entitled to be released on bail in this case 7. Let the Applicant – Sahil Khan, involved in Crime No.182/2025 registered at Police Station Kharora, District Raipur (C.G.) under Section 331(6), 310(2), 61(2) of BNS, 2023 and under Sections 25, 27 of Arms Act, be released on bail on his furnishing 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 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali