1 2025:CGHC:43673 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5781 of 2025 Manish Gandharv @ Dadu S/o Dhannu Ram Gandharv Aged About 19 Years R/o Shanichri Bazar, Sarkanda, Police Station - Sarkanda, District - Bilaspur(C.G.) ...Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Sarkanda, District - Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Sumit Singh Rathore, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.08.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 792/2025, registered at Police Station - Sarkanda, District - Bilaspur(C.G.) for the offence punishable under Sections under Section 304(2) & 3(5) of BNS 2023. 2. As per the prosecution story, on 30-05-2025 at about 11:45 PM, the complainant was standing near the liquor shop, Shanichri, New Bairaj and talking on his phone, there 02 unknown persons came and snatched the mobile phone and gold chain from the complainant and VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.29 12:00:48 +0530 2 ran away. Subsequently the complainant made a complaint before the police station upon which the police initiated the investigation and thereafter based on the information received from the informant, police detain the applicant and based on his memorandum statement, the police arrested the present applicant. 3. The learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He submits that the actual fact of the case is that the applicant had never stole or snatched the article from the complainant and merely on the basis of suspicion, the applicant has been arrested. He further submits that the applicant is in jail since 04.06.2025. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, 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. 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 applicant has been in jail since 04.06.2025 and 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, Manish Gandharv @ Dadu, involved in Crime No. 792/2025, registered at Police Station - Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Sections under Sections 3 304(2) & 3(5) of BNS 2023, 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 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 his 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 his, 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 Vaibhav