1 2025:CGHC:44349 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6920 of 2025 1 - Dinu Tirkey S/o Gustap Aged About 26 Years R/o Vill- Puranga, P.S.- Bagicha, Dist- Jashpur (C.G.) 2 - Devendra S/o Somaru Aged About 31 Years R/o Vill- Pandripani, P.S.- Bagicha, Dist- Jashpur (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station- Baagicha, District- Jashpur-Chhattisgarh ... Respondent For Applicants : Shri Syed Ishhadil Ali, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/09/2025 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 applicants who have been arrested in connection with Crime No.91/2025 registered at Police Station Baagicha, District-Jashpur GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.02 15:56:02 +0530 2 Chhattisgarh for the offence punishable under Sections 191(1), 191(3), 190, 119(1), 296, 310(2), 331(6) B.N.S. 2023. 2. Case of the prosecution, in brief, is that on the basis of the complaint received on 28.04.2025 at Police Station Baagicha, Dist.- Jashpur (C.G.) that accused opened the grocery shop of the complainant and asked for money from the complainant for gutka, cigarette and liquor. On refusal, they abused the complainant and took out Rs. 23,000/ - from the cash box and beat up the complainant and his wife, on which the complainant has filed a report against the Accused/ Applicant and offence was registered against the present applicant. 3. Learned counsel for the applicants submits the present applicants are innocent person and have been falsely been implicated in the case. He would submit that FIR was lodged after delay of two days which shows the conduct of the complainant. He would submit that co-accused persons namely Sangam and Aman Kindo have been granted bail by this Court in MCRC No.5282/2025 on 08.07.2025 and other co- accused persons namely Pritam Toppo, Mukesh Kumar, Dilchandra Ram, Dilbodh Ram, Bipinchandra Toppo, Arun Kumar, Aalok Tirkey & Nikunj Beck have been granted bail by this Court in MCRC. No. 5675/2025 on 13.08.2025. He would submit that the applicants are in jail since 29/04/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that there is no criminal antecedent against the applicant No.1 and there is one criminal antecedent against the applicant No.2 which has been explained in para 4A of the bail 3 application. 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 of allegation levelled against the applicants, considering the fact that co-accused persons namely Sangam and Aman Kindo have been granted bail by this Court in MCRC No.5282/2025 on 08.07.2025 and other co-accused persons namely Pritam Toppo, Mukesh Kumar, Dilchandra Ram, Dilbodh Ram, Bipinchandra Toppo, Arun Kumar, Aalok Tirkey & Nikunj Beck have been granted bail by this Court in MCRC. No. 5675/2025 on 13.08.2025, period of detention of the applicants since 29/04/2025 and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant No.1-Dinu Tirkey and Applicant No.2-Devendra, involved in Crime No.91/2025 registered at Police Station Baagicha, District- Jashpur Chhattisgarh for the offence punishable under Sections 191(1), 191(3), 190, 119(1), 296, 310(2), 331(6) B.N.S. 2023, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 4 liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants 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 them 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri