1 2025:CGHC:48159 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7206 of 2025 Vishal Soni S/o Gopal Soni Aged About 26 Years R/o 03 Darshan Mandir, Camp-1, Bhilai, Police Station Supela Tahsil And District Durg (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Supela, District : Durg, Chhattisgarh ... Non-applicant For Applicant : Mr. Akash Shrivastava, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.09.2025 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 who has been arrested in connection with Crime No. 1044/2024 registered at Police Station – Supela District - Durg (C.G.) for the offence punishable under Sections 384, 506 & 34 of the IPC. 2. The case of the prosecution in brief is that the complainant preferred written report in Police Station alleging inter alia that on the basis of the memorandum of the accused, it is mentioned that are sufficient VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.19 14:32:39 +0530 2 witnesses on record against the applicant, custody is in jail, through phone from the jail itself. talking on the mobile of the applicant, threatening to kill the applicant's brother Lokesh Pandey, who is in jail and forcing the applicant to give the money in illegal manner, extorted Rs. 7,95,000/- lakhs through phone and NPMT. On the basis of report of the complainant the First Information Report bearing crime no. 1044/2024 under section 384,506,34 of Indian Penal Code was registered against present applicant, at present the charge sheet has been filed and criminal case is pending before JMFC Durg, District Durg (C.G.) 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case, as he has never committed any offence against the complainant. He is not named in the FIR, has no connection with the alleged crime, and has been dragged into the matter merely on account of his friendship with the co-accused. The prosecution story is false and fabricated, lodged with delay and mala fide intention, only to save the actual culprit. Even if the prosecution case is taken at face value, no prima facie case is made out against the applicant, and his arrest is based merely on suspicion. The trial has not commenced, other co-accused have already been granted bail, and there is no likelihood of the applicant tampering with witnesses or absconding, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and further taking into account that the other co- accused persons have already been granted bail by the trial Court, the charge-sheet has been submitted before the competent Court, that the applicant has been in jail since 14.06.2025, and 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 – Vishal Soni, involved in Crime No. 1044/2024 registered at Police Station – Supela District - Durg (C.G.) for the offence punishable under Sections 384, 506 & 34 of the IPC, be released on bail on his 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 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 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - SSd/- Sd/-d/- (Ramesh Sinha) Chief Justice vaibhav