1 2025:CGHC:35464 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5742 of 2025 Ashif Khan @ Mohammad Ahtesham Khan S/o Shri Mohammad Israil Khan Aged About 32 Years R/o Pwd 10 Police Line Near Patrol Pump, Sector 6, Civic Centre Bhilai, District : Durg, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer - Gidam, District – South Bastar Dantewada, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Wasim Miyan, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 57/2025, registered at Police Station – Gidam, District – South Bastar Dantewada (C.G.) for the offence punishable under Sections 191(2), 140(3), 308(2), 115(2), 351(2), 127(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that one, Nazim Ansari @ Raju Ansari had taken separate amounts from the complainant Hemant Netam and RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 other people of the village in the name of buying land and getting jobs and due to not getting jobs, he had returned some amount to the villagers and some people were yet to be given. When the complainant and the villagers demanded the remaining money from Raju Ansari, he got a cheque of Rs 4,00,000/- from his acquaintance Ankit Yadav for the complainant, whereas there was no balance in the said bank account. When the complainant informed Raju Ansari @ Nazim Ansari about the above and demanded the money, on 15/06/2025, Raju @ Nazim Ansari came to the village Kasoli in 02 Scorpio vehicles along with bouncers (applicant/accused and his companions), picked up the complainant and made him sit in the vehicle Scorpio and asked him to return the cheque given by Ankit Yadav and when the complainant told that the cheque is with someone else, the accused Chhabilal Bhaskar and Poseram went to Bhaskar's house and made them sit in the vehicle and took them to Bade Karli. Thereafter, the accused said that they have come to collect the money and they will have to pay the recovery fee. By threatening them, they took Rs. 19,700/- from Chhabilal and Rs. 12,600/- from Poseram. The money was transferred to the bank account of Ashif Khan and his friend Salman through Phone Pay. During the said incident, the accused also assaulted the complainant and other people of the village. On being informed about the incident by the Hemant Netam at the Police Station Gidarn, the accused were taken into custody and interrogated and found to be involved in the incident. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 16.06.2025 and trial is likely to take quite long time for its 3 conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that during the course of investigation, evidence collected particularly the bank statement of the applicant reveals that on the date of the incident, a sum of Rs.19,700/- was transferred to the applicant’s account via PhonePe by Chhabilal Bhaskar. Based on the material gathered so far, there is prima facie evidence indicating that the applicant in collusion with others co-accused persons, was involved in the offence of abducting the complainant and other associated villagers, wrongfully confining and intimidating them, and unlawfully extorting money, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 16.06.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Ashif Khan @ Mohammad Ahtesham Khan, involved in Crime No. 57/2025, registered at Police Station – Gidam, District – South Bastar Dantewada (C.G.) for the offence punishable under Sections 191(2), 140(3), 308(2), 115(2), 351(2), 127(2) and 3(5) of the BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- 4 (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 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 Rajshekhar