1 2025:CGHC:45670 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7091 of 2025 Jwala Bairagi, S/o Deepak Alias Ghanshyam Bairagi, Aged About 42 Years, R/o Near Bank of India, Chhavani, Bhilai Power House, Bhilai, District- Durg (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station- Amanaka, District- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Krishna Kant Prajapati, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.09. 202 5 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 132/2025, registered at Police Station – Amanaka, District - Raipur (C.G.) for the offence punishable under Section 309(6) of Bharatiya Nyaya Sanhita, 2023( for short ‘BNS). 2. The case of the prosecution, is that on 27/04/2025 at about 09:30 A.M. the Mother-in-Law of the complainant took a lift from unknown PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.09 15:37:06 +0530 2 vehicle on the pretext of dropping her, the applicant took her to a deserted place called Nandanvan and robbed her golden bracelets, two gold earrings with chain and Rs. 2,000/- kept in her purse owned and possessed by the complainant's mother-in-law Isha Bai Khetrapal, the applicant also tried to strangle the mother-in-law by pushing her into the bushes. Thus the applicant not only committed robbery on an elderly woman but also tried to kill her by beating her and strangulating her. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that on the basis of memorandum statement, some article has been seized from the possession of the applicant and same seized article already obtained by the complainant from the trial Court. He further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 08.05.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that based on the applicant’s memorandum, two gold bangles, one pair of gold earrings, a gold chain, and the vehicle used in the incident were recovered and seized, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the 3 documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, the charge-sheet has been filed against the applicant, the applicant is in jail since 08.05.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant, Jwala Bairagi, involved in Crime No. 132/2025, registered at Police Station – Amanaka, District - Raipur (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 4 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 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. Sd/- (Ramesh Sinha) Chief Justice Preeti