1 2025:CGHC:43672 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5804 of 2025 Dulamani Bhoy Aliaas Lalu S/o Himanshu @ Hiradhar Bhoy, Aged About 32 Years R/o Lukrapra, P.S. Sariya, District Sarangarh - Billaigarh C.G. ... Applicant versus State Of Chhattisgarh Thana Sariya District Sarangarh -Billaigarh C.G. ... Non-applicant For Applicant : Mr. Ramayan Yadavl, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.08.2025 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 who has been arrested in connection with Crime No. 121/2025 registered at Police Station : Sariya, District – Sarangarh- Billaigarh (C.G.) for the offence punishable under Sections 296, 351(2), 115(2),127(2) 309(4) & 119(1) of the Bhartiya Nyaya Sanhita, 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.29 12:00:47 +0530 2 2. As per the prosecution story, it is alleged that, on 14.06.2025, around 5pm, when the son of the complainant aged about 9 years, went to the ration shop, the accused wrongfully confines him in his room & asked him to pay Rs 10,000 by showing the fear of tangi & also grab Rs. 500 from his pocket & slapped him & hence, an FIR was registered u/s 296, 351(2), 115(2), 127(2), 119(1),309 (4) of BNS at PS Sariya, District Sarangarh-Billaigarh, CG & the applicant has been arrested by the Police of PS Sariya, District Sarangarh-Billaigarh on 15.06.2025 in Crime No. 121/2025 for an alleged offence u/s 296, 309 (4) 351(2), 115(2), 127(2), 119(1) of BNS. 3. The prosecution has failed to collect any material to establish the commission of the alleged offences by the applicant, who is innocent and has been falsely implicated in this case. The applicant is a permanent resident at the address mentioned in the application, and there is no likelihood of his absconding or tampering with the prosecution evidence if released on bail. He undertakes to abide by all conditions imposed by this Hon’ble Court. No ingredients of the alleged offences are made out, and the case of the prosecution is baseless and frivolous. The applicant has caused no hurt or injury to the child, has not wrongfully restrained him, nor attempted to extort money. The charge-sheet has not yet been filed and the trial is likely to take considerable time; hence, continued detention would cause irreparable loss and injury to the applicant. It is further submitted that except for Section 119(1) BNS, which is non-bailable, all other alleged offences are bailable in nature, therefore, he prays for grant of regular bail to the present applicant. 3 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits that the applicant has two criminal antecedents, therefore, he is not entitled to be released on bail 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the submissions made by the learned counsel for the parties, and further considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, as well as the fact that the charge-sheet has already been filed before the competent Court and the applicant has been in jail since 15.06.2025, and also that the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Dulamani Bhoy Aliaas Lalu involved in Crime No. 121/2025 registered at Police Station : Sariya, District – Sarangarh- Billaigarh (C.G.) for the offence punishable under Sections 296, 351(2), 115(2),127(2) 309(4) & 119(1) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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 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 forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaibhav