1 2025:CGHC:367 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C. No. 7699 of 2024 Himalay Verma, S/o Khilawan Verma, aged about 20 Years, R/o Indira Colony, Ward No. 04, Balodabazar, P.S. City Kotwali, District : Balodabazar- Bhathapara, Chhattisgarh ---- Applicant Versus State of Chhattisgarh Through The Station House Officer, Police Of Police Station City Kotwali Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh --- Respondent For Petitioner : Shri Anil Kumar Gulati, Advocate. For Respondent : Shri Hariom Rai, 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 applicant who has been arrested in connection with Crime No. 722/2024 registered at Police Station - City Kotwali, Balodabazar, District- Balodabazar-Bhatapara (C.G.), for the offence punishable ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.01.04 13:25:22 +0530 2 Sanhita. 2. Case of the prosecution, in brief, is that, complainant Rajkumar Dahariya while returning from Koliari to Balodabazar after completion of investigation along with his companion namely Hari Pal Banjare from his Vehicle Car bearing Registration No. C.G-11/BM-6047 at about 16:55 hrs. when they reached near Koliari Head Pump 8-9 unknown persons forcibly stopped the Car and demanded money for Liquor in between hot talk took place and in the meantime, the applicant and Pankaj Sahu pushed and assaulted them by throwing the mobile on the field, when the complainant revealed his identity, persons absconded from there. Therefore, on the basis of above report lodged by the complainant an FIR was registered against the applicant and other co-accused persons. 3. Learned counsel for the applicants submit that the present applicant is innocent person who have been falsely implicated in the aforementioned case. He submits that other two co-accused persons granted bail from the Lower Court. He also submits that the applicant has 02 criminal antecedents, out of which one case he has been acquitted and second case is pending which has been mentioned in page-4. He further submits that the present applicant is in jail since 15.10.2024, and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the applicant. He further submits that the applicant has two criminal antecedent out of which one is still pending, which goes to show that the present applicant is habitual offender, 3 therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts & circumstances of the case, nature and gravity of offence, period of detention of the applicant since 15.10.2024, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Himalay Verma, involved in Crime No. 722/2024 registered at Police Station - City Kotwali, Balodabazar, District- Balodabazar-Bhatapara (C.G.), for the offence punishable under Sections 119(1), 126(2), 191 (2) and 324 (4) of Bhartiya Nyay be released on bail on his furnishing a personal bond with one surety in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) 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 sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (ii) 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 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. 4 (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 him 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