1 2025:CGHC:50473 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7077 of 2025 Sagar Yadav S/o Santosh Yadav, Aged About 27 Years R/o Chantidih, P.S.- Sarkanda, Distt. Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Torwa, Distt. Bilaspur (C.G.) ... Respondent For Applicant : Smt. M. Asha, Advocate. For Respondent/State : Shri Malay Jain, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/10/2025 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.266/2025 registered at Police Station Torwa, Distt. Bilaspur (C.G) for the offence punishable under Section 309(6) of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.10 14:38:41 +0530 2 2. Case of the prosecution, in brief, is that on 15.06.2025, the complainant, mother of Vikas Tiwari, reported that on 14.06.2025 around 8:20–8:45 pm, her son was assaulted near Darrighat Bridge by unknown persons who stopped him, beat him with rods and sticks, and robbed him of Rs.10–12,000. He sustained injuries on his hands, legs, and head, and his mobile phone was damaged. On this report, Crime No. 266/2025 was registered at Police Station Torwa under Section 309(6) BNS against unknown persons. The present applicant was later arrested merely on suspicion. 3. Learned counsel for the applicant submit that the FIR clearly states that the attackers had covered their faces and neither the complainant nor the injured identified the applicant. She would submit that the applicant has been arrested solely on suspicion, without any direct or circumstantial evidence and no incriminating article has been recovered from him, and his arrest took place 19 days after the incident. She would submit that the applicant has two criminal antecedents, out of which one case has been disposed of and in another case the applicant is on bail, charge sheet has been filed in this case, the applicant is in jail since 03/07/2025 and conclusion of trial will take some time, therefore, she 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 and the applicant has one more criminal antecedent besides the criminal antecedents which has been explained in para 4(a) of the bail application. 3 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 offence, period of detention of the applicant since 03/07/2025, 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 Applicant- Sagar Yadav, involved in Crime No.266/2025 registered at Police Station Torwa, Distt. Bilaspur (C.G) for the offence punishable under Section 309(6) of BNS, 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 4 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 send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri