1 2025:CGHC:46392 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7207 of 2025 Gulshan Nayak S/o Shri Jibro Chhura Nayak Aged About 24 Years R/o Behind Punit Hotel, Ganga Nagar, Police Station Devendra Nagar, Raipur, District : Raipur, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Khamhardih, Raipur, District : Raipur, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Balraj Gupta, Advocate. For Respondent(s) : Smt. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/09/2025 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. 117/2025 registered at Police Station Khamhardih, Raipur, District : Raipur (C.G.) for the offence punishable under Sections 309(6), 3(5), 112(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the complainant, Hom Ram Sahu, lodged a written report at Police Station Khamhardih, Raipur District, on 27.05.2025, alleging that the accused persons had forcibly snatched his mobile phone, containing SIM numbers 96172xxxxx and 70243xxxxx, along with his motorcycle bearing Registration No. CG04MT7668, Chassis No. MBLHAW10KHE020053, and Engine No. HA10ACKHE14622. The incident reportedly took place on the ground near Sristi Ampiriya. The total value of the stolen items was estimated to be Rs. 45,000/-. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question, also as per material collected by the proseuciton, no prima facie case has been made out against the applicant. He further submits that no injury has been caused by the applicant to the complainant and also there is nothing on record to show that, the present applicant has committed loot. The applicant is in jail since 03.06.2025, the applicant has no criminal antecedent, charge- sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant is alleged to have snatched the complainant's mobile phone along with his motorcycle. She also submits that the stolen mobile phone has been recovered from the possession of the applicant, which establishes a 3 prima facie case against him, therefore, the applicant is not entitled for grant of bail. 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 03.06.2025, the fact that though the applicant is alleged to have snatched the complainant's mobile phone along with his motorcycle, but considering the fact that the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Gulshan Nayak, involved in Crime No. 117/2025 registered at Police Station Khamhardih, Raipur, District : Raipur (C.G.) for the offence punishable under Sections 309(6), 3(5), 112(2) 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 4 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 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. 9. 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 Akhil