1 2025:CGHC:41854 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6382 of 2025 Omprakash @ Raja Sahu S/o Narsingh Sahu Aged About 24 Years R/o Village Godihari, Police Station And Tahsil Sarangarh, District Sarangarh- Bilaigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station City Kotwali Sarangarh, District Sarangarh-Bilaigarh (C.G.) ... Non-applicant For Applicant : Mr. Raghvendra Pradhan, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. For Objector : Mr. Anil Tawadkar, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.08.2025 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.318/2025 registered at Police Station – Sarangarh, District Sarangarh-Bilaigarh (C.G.), for the offences punishable under Sections 109(1) & 310(2) of the BNS, 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.19 18:40:19 +0530 2 2. As per the prosecution story in brief is that, the complainant namely Amitesh Kesharwani made a written complaint to the police that when his younger brother Mayuresh Kesharwani on 02-07-2025 was in the shop at about 9.00 PM, at that time with prior planning, the accused persons namely Ajay Banjare and others got entered into the shop and attacked Mayuresh Kesharwani by iron rod and snatched gold chain of Mayuresh Kesharwani. 3. The applicant submits that he is innocent and has been falsely implicated in the present case, as he has neither committed nor participated in any act constituting the alleged offences, and the evidence collected by the prosecution is not prima facie sufficient to hold him guilty. He was not present at the spot when the alleged incident occurred. The applicant has been in custody since 03.07.2025, and continued detention may endanger his life. Meanwhile, his engagement ceremony is scheduled on 22.08.2025 at Village Tildega, District Jashpur (C.G.), for which invitation cards have already been printed and circulated, a copy of which is filed as Annexure A-4, hence, he seeks bail to attend the ceremony. He is a permanent resident of the address mentioned in the cause title, has no likelihood of absconding, is ready to furnish surety, abide by all conditions imposed by the Court, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel as well as learned counsel for the objector opposed the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Considering the facts and circumstances of the case, and further taking into account that a total of 15 accused persons have been named in the FIR including the present applicant, but the author of the alleged crime is not specifically known, and only general allegations have been levelled against the applicant, coupled with the fact that the applicant’s engagement ceremony is scheduled to be held on 22.08.2025, and he has been in custody since 03.07.2025, while the conclusion of the trial is likely to take some time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Omprakash @ Raja Sahu, involved in Crime No.318/2025 registered at Police Station – Sarangarh, District Sarangarh-Bilaigarh (C.G.), for the offences punishable under Sections 109(1) & 310(2) of the 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 4 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