1 2025:CGHC:34605 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5678 of 2025 Tilak Verma S/o Shri Anandram Verma Aged About 58 Years R/o Village Nardaha Near Bajrangbali Mandir Police Station Vidhansabha District Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Kharora District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Syed Imtiaz ALI, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.07.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant has been arrested in connection with Crime No. 182/2025 registered at Police Station - Kharora, District - Raipur (C.G.), for the offence punishable under Sections 331(6), 310(2), 61(2) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 & 27 of the Arms Act. 2. Case of prosecution in brief is that on 27.03.2025 to 28.03.2025 at night when complainant namely Radhelal Bhardwaj who is the resident of village Kevradih, Police Station Kharora, District Raipur was sleeping at his house along with his family members, thereby VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.22 12:53:27 +0530 2 some unknown people wearing black mask along with weapon has entered in to the house of complainant and looted Rs. 6,00,000/- and Rs. 2,00,000/- jewelry thereafter the F.I.R. was lodged on 28.03.2025 vide Crime No. 182/2025 by Police Station Kharora, District Raipur (C.G.) u/s 331(6), 310(2), 61(2) of BNS & section 25, 27 of the Arms Act, hence this bail application 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that the co-accused of the case namely Devraj Dahariya has been granted regular bail by this Court vide order dated 27.06.2025 passed in MCRC No. 3898 of 2025. He further submits that the present applicant has not been identified by the complainant there has no test identification parade conducted by the prosecution to prove the case and he in jail since 31.03.2025, conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and further taking into account that the applicant has no criminal antecedents and other co-accused persons have already been granted bail by this Court, and that the charge sheet has been submitted before the competent Court, and given that the applicant has been in jail since 31.03.2025, and the trial is likely to 3 take some time for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case 7. Let the Applicant – Tilak Verma, involved in Crime No. 182/2025 registered at Police Station - Kharora, District - Raipur (C.G.), for the offence punishable under Sections 331(6), 310(2), 61(2) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 & 27 of the Arms Act, be released on bail on furnishing personal bond with two local 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 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 applicant 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 him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav