1 2025:CGHC:33046 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5530 of 2025 • Prakash Mishra S/o Omprakash Mishra, Aged About 31 Years R/o Patwari Colony, Balodabazar, District Balodabazar Bhatapara Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Kharora, District Raipur Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. C.R.Sahu, Advocate For Respondent/State : Mr. Sakib Ahmed, Panel Lawyer 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 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. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.17 11:52:33 +0530 2 2. Case of the prosecution is in a nutshell that, the complainant has made complaint to the concerned police station alleging inter-alia is that on the date of incident unknown persons came in his house and they have looted the gold, silver and cash amount of Rs. 06 lacs from the house of the complainant with the help of weapon and thereafter, they run away from the place of incident and police has registered against the unknown persons and during investigation, the police has arrested the present applicant on the basis of memorandum of the statement, which has been registered against the applicant for the offence u/s 331 (6), 310 (2), 61 (2) of the Bharatiya Nyay Sanhita 2023 and section 25, 27 of Arms Act. 3. Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated in the present case. He would submit that the FIR was lodged against unknown person and there has been no description of any person given in the FIR which would link the present applicant from the aforesaid crime. He submits that co-accused has already been granted bail by this Court in MCRC No.3898 of 2025 vide order dated 27.06.2025. He would submit that the applicant is in jail since 31/03/2025, there is no criminal antecedents against the applicant, charge sheet has been filed and conclusion of trial will take some time, therefore, she 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 would submit that there is no previous criminal antecedent against the present applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, there is no previous criminal antecedent against the present applicant, period of detention of the applicant 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, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Prakash Mishra, 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 shall initiate proceedings against him, in accordance 4 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