1 2025:CGHC:39145 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6173 of 2025 Jaya Urf Jay Netam S/o Tulshiram Netam Aged About 19 Years R/o Village Pendri, Atal Awash, Ward No. 21, Block No. 6, P.S. Lalbagh, District : Rajnandgaon, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Police Station - Lalbagh, District : Rajnandgaon, Chhattisgarh ... Non-Applicant(s) For Applicant : Mr. Aniruddha Shrivastava, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/08/2025 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. 330/2024 registered at Police Station- Lalbagh, District- Rajnandgaon (C.G.), for the offence punishable under Sections 118(1), 304(2), 3(5) of the B.N.S. 2. Case of the prosecution, in brief, is that the complainant namely Pawan Kumar Sahu lodged a report before the Police Station KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Lalbagh with the intent that he is a resident of Hathkhoj, Bhilai and is a driver by profession. On 05/08/2024, he was carrying goods in his vehicle which were to be delivered to Gujarat and while he was having his dinner near Dewangan Dhaba, Pendri, two unknown persons came to the place of incident and snatched the mobile phone belonging to the complainant and it has further been alleged that the present applicant along with co accused assaulted the complainant through a sharp object, due to which the complainant sustained injuries. Therefore, offence punishable under Sections 118(1), 304(2), 3(5) of the B.N.S. was registered against the accused. 3. Learned counsel for the applicant submits that the applicant not acted in the manner as it is alleged by the prosecution. He further submits that the present applicant has been falsely implicated as no seizure of the allegedly snatched mobile phone or any weapon has been made from the present applicant. He further submits that the co-accused namely Tukesh @ Rakesh @ Babu @ Topesh Netam has already been granted bail by this Court in MCRC No. 3557/2025 vide order dated 07.05.2025 and the case of the applicant is similar to that of co-accused and the present applicant is in jail since 08.10.2024 and in the present case, charge-sheet has been filed before the competent Court and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that in 3 the present case, charge-sheet has been filed before the competent Court. She further submits that the applicant along with co-accused snatched complainant’s mobile phone and assaulted him with a sharp object, causing him injuries further the applicant has five criminal antecedents which pertains to year 2022 to 2024 as such, he is a habitual offender, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 08.10.2024 and the recovery made from the applicant and further the fact that the present applicant along with co-accused assaulted the injured with a sharp object, who has sustained injuries however, as per the MLC report of the injured, which goes to show that the injuries sustained by the injured are simple in nature further considering the fact that the co-accused namely Tukesh @ Rakesh @ Babu @ Topesh Netam has already been granted bail by this Court in MCRC No. 3557/2025 vide order dated 07.05.2025 and the case of the applicant is similar to that of co- accused who have been granted bail and in the present case, charge-sheet has been filed before the competent Court further the applicant has some criminal antecedents which has been explained in the bail application of para No.4(A) thus, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Accordingly the bail application stands allowed. Let the applicant – 4 Jaya urf Jay Netam, involved in Crime No. 330/2024 registered at Police Station- Lalbagh, District- Rajnandgaon (C.G.), for the offence punishable under Sections 118(1), 304(2), 3(5) of the B.N.S., 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:- (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, 5 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. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal