1 2025:CGHC:2800 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 437 of 2025 Vasudev Setti S/o Padvallu Setti Aged About 40 Years R/o Gram Bhanupratapur, Bazarpara, Ward No. 02 Present Add. Rented House Shikshak Colony, Sambalpur P.S. Bhanupratappur, Distt. - North Bastar Kanker, C.G. ... Applicant versus State of Chhattisgarh Through - P.S. Bhanupratappur, District – North Bastar Kanker, C.G. ---- Non-applicant For Applicant : Mr. Raj Kumar Gupta, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.01.2025 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. 125/2024, registered at Police Station – Bhanupratappur, District – North Bastar Kanker (C.G.) for the offence punishable under Sections 392, 397, 294, 323, 506, 341 and 394 of the Indian Penal Code (for short, IPC). 2. The case of the prosecution, is that on 15.06.24 the complainant has lodge an FIR against the present applicant and two other person and RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 narrated that he is resident of Gurur District Balod and working as labor, on 14.06.2024 he came with his cousin Dharmesh Sahu at Bhanuparatappur for fitting of Solar pipe, and they were walking to Chhote Narayanpur, when they reached near Shitala Mandir Narayanpur three persons came there in Hero Honda Shine bike and used filthy languages, one of them attacked him with knife and looted Rs. 6,400/-, one cutter machine, and they have disclosed their names as Kartik Shetti, Vasudev Shetti and Nasiruddin Khan. 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 in 3 criminal antecedents registered against the present applicant out of which 1 is under the IPC and 2 are relating to preventive nature. It is further submitted that the charge-sheet has been filed in this case and the injuries sustained to the injured are simple in nature. The applicant is in jail since 15.06.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are 3 criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that on 15.06.24 the complainant has lodge an FIR against the present applicant and two other person and narrated that he is resident of Gurur District Balod and working as labor, on 14.06.2024 he came with his cousin Dharmesh Sahu at Bhanuparatappur for fitting of Solar pipe, and they were walking to Chhote Narayanpur, when they reached near Shitala Mandir Narayanpur three persons came there in Hero Honda Shine bike and used filthy languages, one of them attacked him with knife and looted Rs. 6,400/-, 3 one cutter machine, and they have disclosed their names as Kartik Shetti, Vasudev Shetti and Nasiruddin Khan, 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 in 3 criminal antecedents registered against the present applicant out of which 1 is under the IPC and 2 are relating to preventive nature, charge-sheet has been filed against the applicant and the injuries sustained to the injured are simple in nature, the applicant is in jail since 15.06.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. 7. Let applicant, Vasudev Setti, involved in Crime No. 125/2024, registered at Police Station – Bhanupratappur, District – North Bastar Kanker (C.G.) for the offence punishable under Sections 392, 397, 294, 323, 506, 341 and 394 of the IPC, 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 4 court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient 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 sufÏcient 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. OfÏce 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