1 2025:CGHC:368 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7738 of 2024 1. Vivek Painkra @ Bittu Painkra, S/o Lekhram Painkra, aged about 20 Years, R/o Ward No. 09, Nawapara, Gharghoda, Police Station Ghardhoda, District : Raigarh, Chhattisgarh 2. Sanju Painkra, S/o Phulsingh, aged about 25 Years, R/o Ward No. 09, Nawapara, Gharghoda, Police Station Ghardhoda, District : Raigarh, Chhattisgarh ---- Applicants Versus State of Chhattisgarh Through- Station House OfÏcer, Police Station- Gharghoda, District : Raigarh, Chhattisgarh --- Respondent For Petitioners : Shri Deverishi Thakur, Advocate. For Respondent : Shri Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/01/2025 1. This is the first bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.01.04 13:25:23 +0530 2 applicants who have been arrested in connection with Crime No. 283/2024 registered at Police Station - Gharghoda, District- Raigarh (C.G.), for the offence punishable under Sections 126(2), 309(4), and 3 (5) of Bhartiya Nyay Sanhita. 2. Case of the prosecution, in brief, is that, on 24.09.2024 the complainant was lodged a report before Police Station Gharghoda, Raigarh stating that when he was returning from Village Barood Mines to Adani Company, Tamnnar when they reached near Gharghoda Shaitan Chowk at about 02:00 PM in the night three persons forcibly stopped his vehicle and entered inside his vehicle, beat him with hand and fists, and snatched Rs.15,000/ and fled. On the basis of above, the complainant lodged report against the unknown persons at Police Station - Gharghoda, District- Raigarh (C.G.). 3. Learned counsel for the applicants submit that the present applicants are innocent persons who have been falsely implicated in the aforementioned case. He submits that there is no eyewitness or any other evidence to establish that the present applicants were involved in the said incident. He further submits that the applicants are in jail since 08.04.2024, and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that the charge- sheet has already been submitted before the competent Court in the present case. Therefore, they are not entitled for grant of regular 3 bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the fact and circumstances of the case, nature and gravity of offence and also considering the fact that in the present case, charge-sheet has been filed before the competent Court and the conclusion of the trial will take some more time. The applicants are in jail since 08.04.2024, this Court is of the view that the present applicants are entitled to be released on bail in this case. 7. Let the applicants – Vivek Painkra @ Bittu Painkra and Sanju Painkra, involved in Crime No. 283/2024 registered at Police Station - Gharghoda, District- Raigarh (C.G.), for the offence punishable under Sections 126(2), 309(4), and 3 (5) of Bhartiya Nyay Sanhita, be released on bail on their furnishing a personal bond with two sureties each, 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 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 4 sufÏcient 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 fail 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 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 deliberated or without sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Ashish