1 2025:CGHC:45070 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5813 of 2025 • Sameer Ali S/o- Moh. Zakir Ali Aged About 26 Years R/o Village- Jhagarpur Ps - Lailunga District - Raigarh (C.G.) ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station - Lailunga, District Raigarh C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Aashutosh Mishra, Advocate For Respondent/State : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/09/2025 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.146/2025 registered at Police Station- Lailunga, District-Raigarh (C.G.), for the offence punishable under Sections 296, 115(2), 351(2), 140(3), 309(6), 3(5) of BNS, 2023. 2. As per prosecution story in brief is that on 31.05.2025 the complainant Avinash Tigga lodged a report that on 29.05.2025 he was standing near an egg shop in meena bazar, an unknown girl came and ask him for his mobile phone to make a call, thereafter the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.06 10:49:56 +0530 2 applicant Sameer Ali reached there and started fighting with the girl. It has been further alleged that the applicant also abused the complainant. Subsequently it has been alleged that the again on 30.05.2025 the applicant alongwith other accuse persons called the complainant and assaulted him. Moreover it has been alleged that the accused persons looted a mobile phone and 1500/- from them. Thereafter, FIR has been lodged against the applicant. 3. Learned counsel for the applicant is innocent and has been falsely implicated in this case and It is argued by learned counsel for the applicant is that there was some dispute took place between the applicant and complainant and applicant abused the complainant and also looted his mobile phone and Rs.1500/-. He also submits that applicant is in jail since 04.07.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant on the ground of parity. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has not been filed in the present case before the competent Court and applicant has no previous criminal antecedent. He also submits that Rs.1500/- has been recovered from the possession of the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, considering the fact that applicant has no previous criminal antecedent, applicant is in jail since 04.07.2025 and the conclusion of the trial may take some more time, this Court is of the view that 3 the applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the applicant – Sameer Ali, involved in Crime No.146/2025 registered at Police Station- Lailunga, District-Raigarh (C.G.), for the offence punishable under Sections 296, 115(2), 351(2), 140(3), 309(6), 3(5) of BNS, 2023, be released on bail on their furnishing a 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 with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali