1 2025:CGHC:48400 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6795 of 2025 Hardeep Singh S/o Charanjeet Singh Aged About 28 Years R/o Ghasidas Nagar Atal Awash P.S. Jamul Bhilai District Durg Chhattisgarh (District Balod Wrongly Mentioned In The Impugned Order) ... Applicant versus State Of Chhattisgarh Through By Collector Through SHO Police Station Balod, District - Balod Chhattisgarh (Particulars Of The Respondent Not Properly Mentioned In The Impugned Order) ... Respondent For Applicant : Shri Amit Nayak, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/09/2025 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.142/2025 registered at Police Station Balod, District - Balod (C.G.) GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.22 11:00:25 +0530 2 for the offence punishable under Sections 309(4), 3(5), 311 of B.N.S. (Correspondence section in IPC is 392 and 34). 2. Case of the prosecution, in brief, is that a complaint was filed at Police Station Balod in District Balod, Chhattisgarh, alleging that on the evening of 22.03.2025, the complainant was walking near Jaistambh Chowk in Balod when the present applicant along with other co- accused persons arrived in an auto-rickshaw. They approached the complainant, asked for directions to a specific location, and requested him to join them in the vehicle. Once he was inside, they took him to a different location, where one other co-accused namely Mukesh Chandravanshi threatened him with a knife and stole his purse, which led to the registration of aforesaid offence against the applicant and subsequently present applicant was arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in the instant case and no any weapon is recovered from possession of present applicant, applicant’s name is not mentioned in the FIR. He would submit that the main allegation for assault is against the other co-accused Mukesh Chandrawanshi and only on the basis of memorandum of other co-accused, the present applicant is falsely implicated in the case. He would submit that main accused Mukesh Chandrawanshi has been granted bail by this Court in MCRC No.5131 of 2025 on 02.07.2025, co-accused Y Janki Rao has been granted bail by this Court in MCRC No.5725 of 2025 on 22/07/2025 and co-accused Somnath Shukla has been granted bail by this Court in MCRC 6067/2025 on 04.08.2025. He would submit that only Rs.1000/- has been recovered from the present applicant which is 3 not looted money and which is his own money and the applicant is an auto driver and other co-accused of the case had booked auto of the present applicant for going to temple and he has no connection with the other co-accused. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 24/03/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would submit that the applicant has two criminal antecedents of similar nature which has been explained by filing covering memo. 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 applicant, considering the fact that main accused Mukesh Chandrawanshi has been granted bail by this Court in MCRC No.5131 of 2025 on 02.07.2025, co-accused Y Janki Rao has been granted bail by this Court in MCRC No.5725 of 2025 on 22/07/2025 and co-accused Somnath Shukla has been granted bail by this Court in MCRC 6067/2025 on 04.08.2025, period of detention of the applicant since 24/03/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the 4 Applicant- Hardeep Singh, involved in Crime No.142/2025 registered at Police Station Balod, District - Balod (C.G.) for the offence punishable under Sections 309(4), 3(5), 311 of B.N.S., be released on bail on his 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. (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 5 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri