1 2025:CGHC:44701 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6970 of 2025 • Gunanand Prajapat S/o Shri Girdhari Lal Aged About 25 Years R/o Ward No. 19, Aadsar Bas Shri Dungargarh, Bikaner, Rajasthan - 331803 ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Azad Chowk District - Raipur Chhattisgarh, 492001 ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Vaibhav Shukla and Mr. Vipul Ojha, Advocate For Respondent/State : Mr. Swajeet Singh Ubweja, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/09/2025 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-Azad Chowk District-Raipur (C.G.), for the offence punishable under Sections 309(4) and 61 of the BNS. 2. As per prosecution story in brief is that the complainant has lodged the report that the unknown robbers assaulted him behind Kedar Hospital and robbed him of Rs.4,40,000/- kept in his bag, his Activa VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.04 10:49:27 +0530 2 vehicle and his Oppo mobile phone. On investigation the police have arrested the applicant along with co-accused. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. It is argued by learned counsel for the applicant that no recovery of any stolen article has been seized from the possession of present applicant and three co-accused persons have already granted bail by this Court in MCRC No.4841 of 2025 vide order dated 30.07.2025, applicant is in jail since 14.05.2025 and he has no criminal antecedent, 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 He further submits that one black colored bag has been seized from the possession of the applicant, wherein the Aadhar Card of the complainant has been found. 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, considering the fact that one black colored bag has been seized from the possession of the applicant, wherein the Aadhar Card of the complainant has been found and no stolen article/cash has been seized from the possession of the present applicant three co-accused persons have already granted bail by this Court in MCRC No.4841 of 2025 vide order dated 30.07.2025. Applicant is in jail since 14.05.2025, looking to his detention period, the charge-sheet has 3 been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Gunanand Prajapat, involved in Crime No.111/2025 registered at Police Station-Azad Chowk District-Raipur (C.G.), for the offence punishable under Sections 309(4) and 61 of the BNS., be released on bail on their furnishing a 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 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