1 2025:CGHC:41598 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6480 of 2025 • Satish Kumar Yadav S/o Bisen Yadav Aged About 21 Years R/o Village- Jawa, Police Station-Mandir Hasaud, District- Raipur C.G. ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station- Mandir Hasaud, District- Raipur C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Krishna Kumar Dewangan, Advocate For Respondent/State : Mr. Malay Jain, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.111/2025 registered at Police Station – Mandir Hasaud, District-Raipur (C.G.), for the offence punishable under Sections 309(6), 3(5) of BNS, 2023. 2. Case of the prosecution, in brief, is that the complainant Ishu Yadav lodged report at Police Station, Mandir Hasaud to the effect that on 19.03.2025, he was returning from Silyari by his motorcycle bearing registration no. CG-04-NY-2642 to his house, at that time, near VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.19 17:48:23 +0530 2 Chandkhuri Basti Hanuman Mandir, three persons came in motorcycle and abused with the complainant. The accused persons took the complainant at Chandkhuri Form Yadav Bhawan and assaulted with him with the help of hand & fist and also looted his motorcycle, cash Rs. 3000/- & mobile from the complainant. On the basis of above report, the aforesaid offence has been registered against unknown person and during course of investigation, the accused persons including present applicant have been arrested. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and applicant has not looted the mobile, motorcycle and cash from the complainant and only on the basis of suspicion, and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has no criminal antecedent and one motorcycle and Rs.500/- was recovered from the present applicant, looking to the gravity of offence, applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and, further considering the fact that applicant has no criminal antecedent, he is in jail since 21.03.2025 and the charge-sheet has been filed, further the conclusion of the trial may take some more 3 time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Satish Kumar Yadav, involved in Crime No.111/2025 registered at Police Station – Mandir Hasaud, District- Raipur (C.G.), for the offence punishable under Sections 309(6), 3(5) of BNS, 2023, be released on bail on their 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. 4 (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 send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali