1 2025:CGHC:38863 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6129 of 2025 Ishwar Ramteke S/o Lt Shri Shankar Lal Ramteke Aged About 66 Years R/o Professor Colony, Purani Basti, Distt.- Raipur (C.G.) Presently R/o Village- Kesla, P.S. - Kharora, Distt.- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Kharora, District- Raipur (C.G.) ...Respondent For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 05.08.2025 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. 182/2025 registered at Police Station Kharora, District - Raipur(C.G.), for the offences punishable under Sections 331(6), 310)(2), 61(2) of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.06 10:43:57 +0530 2 the BNS, 2023 and Sections 25 & 27 of Arms Act. 2. As per the case of prosecution, in brief is that the complainant, Radheylal Bhardwaj, lodged a written complaint before the Police Authorities at Kharora, District Raipur, stating that he is a resident of Village Kevradih, Police Station Kharora, District Raipur. He alleged that during the intervening night of 27.03.2025 and 28.03.2025, at around 2:00 A.M., some unknown individuals wearing black masks and carrying weapons entered his house and looted 26,00,000 in cash and jewellery worth 22,00,000. Accordingly, an FIR was registered against unknown persons for offences punishable under Sections 331(6) and 310(2) of the Bharatiya Nyaya Sanhita (BNS). During the course of investigation, certain accused persons were arrested, and their memorandum statements were recorded. Subsequently, Section 61(2) of BNS and Sections 25 and 27 of the Arms Act were added. A charge sheet has been filed, and the present applicants were arrested on 31.03.2025 and were remanded to judicial custody. 3. The applicant respectfully submits that he is innocent and has been falsely implicated in the present case. Several co-accused persons, who stand on the same footing as the applicant, have already been granted bail by this Court in connected matters (MCRC/3898/2025,MCRC/5424/2025,MCRC/5451/2025,MCRC/5532, MCRC/5462/2025, MCRC/5678/2025), and copies of those orders are collectively annexed as ANNEXURE A/3 (colly). The applicant, a 66- year-old man, was arrested merely on suspicion, even though the FIR was initially lodged against unknown persons and does not describe any specific features identifying him. While some articles were 3 allegedly recovered based on memorandum statements, including minor items like cash, mobile phones, and a motorcycle, no Test Identification Parade (TIP) was conducted for either the accused or the seized articles, casting serious doubt on the credibility of the investigation. From the applicant himself, only a small amount of cash was seized 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, that other co-accused persons have already been granted bail by this Court, that the charge sheet has been submitted before the competent Court, and the applicant has been in jail since 31.03.2025, and that the trial is likely to 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 – Ishwar Ramteke, involved in Crime No. 182/2025 registered at Police Station Kharora, District - Raipur(C.G.), for the offences punishable under Sections 331(6), 310)(2), 61(2) of the BNS, 2023 and Sections 25 & 27 of Arms Act, be released on bail on furnishing personal bond with two local local sureties in the like sum to the satisfaction of the Court concerned with the following 4 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 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