-1 2025:CGHC:48791 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6686 of 2025 Rohit Swarnkar S/o Niranjan Swarnkar Aged About 26 Years Permanent R/o Gali No. 13, Bokaro, P.O And P.S Chas, District- Bokaro (Jharkhand) ...Applicant versus State Of Chhattisgarh Through P.S- Ganj, District.- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Hemant Kumar Shikarwar, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.09.2025 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. 223/2024 registered at Police Station – Ganj, District - Raipur (C.G.), for the offences punishable under Sections 25 of the Arms Act, 120B, 386, 399, 402 of the IPC. 2. The prosecution case is hased upon the basis of the computerized written report of Deepak Paswan, who happens to be inspector of Ganj P.8, alleging therein that he happens to be the Officer-in-charge of Ganj VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.24 11:39:00 +0530 -2 P.5, on 25.05.2024 he received confidential information through spy that one unknown person was moving near the railway station chowk Raipur Gate No.2 along with fire arm and he along with other accused persons where planning to committee dacoity. The informant along with other police personnel proceeded towards the place of occurrence as disclosed by the spy. One person was seen trying to flee away who was apprehended by the police and on search one mobile and a pistol loaded with magazine was preconceived. He disclosed his name as Rohit Swankar, when query was made and document with regard/license with regards to the recovery pistol was asked nothing was produced. The loaded pistol, magazine, mobile phone was seized and memorandum was prepared. The apprehended accused disclosed that Pappu Singh through whatsapp planned for firing upon the premises of Barbarik Project Limited and the deal was fixed at Rs.6 Lakh out of which Rs.25,000/- was spent in purchasing the pistol from Sendhwa Madhya Pradesh. He also disclosed that the Co-accused Mukesh along with other was present near Bhatagaon Chowk. The police party on the discloser of Rohit Swarnkar reached Bhatagaon Chowk two persons were apprehended, one person disclosed his name as Mukesh Kumar and the other was the Devendra. They disclosed that Pappu Singh has sent one motorcycle and a person to ride motorcycle which was to be accompanied by the shooter. He has sent the number of the motorcycle by mobile. Mukesh Singh said that he brought the Co-accused Davendra with him. He was to get Rs 4,50,000/- for the work. They were to make firing upon the person sitting in vehicle having registration no CG04NZ 8875 which was parked in the office Barbarik Pvt. Ltd. and they were to commit dacoity -3 and also extort money in future by threatening them. On the instruction of Mayank Singh all the three assembled there. The motorcycle and their cartridges were provided by Pappu and Mayank they all were in contact through mobile phone from the possession of Mukesh Singh two mobile phones was recovered and from the possession of the co- accused one Oppo Mobile Phone with SIM was recovered the same were seized and FIR was lodged. 3. The applicant is innocent and has been falsely implicated in the present case, having committed no offence and being named in the FIR merely on suspicion, conjecture, and surmise. She was not present at the place and time of occurrence, did not participate in the alleged crime, and has not assisted in any manner. No incriminating articles were recovered from her possession, and the so-called recovery of a country-made pistol, magazine, and cartridges is incorrect and planted. The allegations of planning dacoity or extortion are false and uncorroborated, and the prosecution has failed to provide any independent or corroborative evidence, including CCTV footage or call records, to substantiate its claims. Co-accused persons have already been granted bail, and the applicant has no criminal antecedents. She is a permanent resident of Distt. Bokaro, Jharkhand, with no likelihood of absconding or tampering with evidence. The applicant is ready to furnish adequate surety and undertake to abide by all conditions imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant. -4 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and the fact that the co-accused persons have already been granted bail by the trial Court, including in MCRC No. 1212 of 2025 vide order dated 12.03.2025 and MCRC No. 4439 of 2025 vide order dated 10.07.2025, further considering that the charge-sheet has already been submitted before the competent Court, and that the applicant has been in custody since 25.05.2024, and as the conclusion of the trial is likely to take more time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Rohit Swarnkar, involved in Crime No. 223/2024 registered at Police Station – Ganj, District - Raipur (C.G.), for the offences punishable under Sections 25 of the Arms Act, 120B, 386, 399, 402 of the IPC, 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 she 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 her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her 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 -5 initiate proceedings against her, 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 her in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavor to conclude the trial as expeditiously as possible within a period of four months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. 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