1 2025:CGHC:48787 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7121 of 2025 Aaryan Tandi S/o Vasudev Tandi Aged About 18 Years R/o Tarun Nagar, Lodhipara Chowk, P.S. Civil Line District - Raipur Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Mana Camp Raipur, District - Raipur (C.G.) ... Non-applicant For Applicant : Mr. Rekhraj Baghel, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, 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 has been arrested in connection with Crime No. 153/2025 registered at Police Station – Mana Camp Raipur District - Raipur (C.G.), for the offence punishable under Sections 309(6) of the BNS. 2. The case of the prosecution is in a nutshell that the complainant has made complaint to the concerned police station alleging that he was working as marketing and at the time of incident, the unknown persons have looted the motorcycle and cash amount from complainant. Based upon such complaint, the police station has registered the offence under section 309(6) of Bharatiya Nyay Sanhita VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.24 17:01:59 +0530 2 against the unknown persons and only on the basis of merely suspicious and memorandum statement the police has been arrested the applicant in connection of this crime. 3. The applicant is innocent and has been falsely implicated in the alleged crime, having committed no offence as alleged. He has been made an accused solely on the basis of the memorandum statements of other accused, and there is no ingredient of any offence punishable under Section 309(6) of the Bharatiya Nyay Sanhita. The prosecution has not collected sufficient material regarding the alleged loot, no article has been seized from the applicant, and no direct evidence implicates him. Considering the material on record, a prima facie case is not made out against the applicant. The matter is triable by JMFC and the trial is likely to take a long time. The investigation has been completed and the charge sheet filed, and the applicant undertakes to comply with all terms and conditions of bail without adversely affecting the prosecution. The applicant is a permanent resident of the village mentioned in the cause title, has no likelihood of absconding, and is ready to furnish adequate security and abide by all directions and conditions imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. He further submits that two criminal antecedents of the applicant, therefore, the present applicant is not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence and the fact that only Rs. 200/- was recovered from the possession of the applicant, that the charge-sheet has already been submitted before the competent Court, and that the applicant has been in jail since 21.05.2025, and further that the trial is likely to take some time for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Aaryan Tandi, involved in Crime No. 153/2025 registered at Police Station – Mana Camp Raipur District - Raipur (C.G.), for the offence punishable under Sections 309(6) of the BNS, 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 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 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail 4 during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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. (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