1 2025:CGHC:45723 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7150 of 2025 1 - Manish Nishad S/o Satyanarayan Nishad Aged About 18 Years R/o Jhopdipara Kabir Chowk, P.S. Jutmil, Raigarh, Tahsil And District Raigarh Chhattisgarh 2 - Laxmikant @ Chintu S/o Late Pramod Yadav Aged About 19 Years R/o Jhopdipara Kabir Chowk, P.S. Jutmil, Raigarh, Tahsil And District Raigarh Chhattisgarh ... Applicants versus State Of Chhattisgarh Through Thana In-Charge, P.S. Jutmil, District - Raigarh Chhattisgarh ... Respondent For Applicants : Mr. Rajendra Tripathi For Respondent : Mr. Pranjal Shukla, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 08.09.2025 ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.09.09 11:14:28 +0530 2 1. Applicants have filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as they have been arrested in connection with Crime No. 214/2025 registered at Police Station – Jutmil, District- Raigarh (C.G.) for offence punishable under Section 126(2), 119(1), 309(6), 140(2), 3(5) of BNS. 2. Case of prosecution in brief is that applicants have assaulted the complainant and robed mobile phone from his possession and, thereafter has withdrawn Rs. 21,000/- through phone pay from KIOSK machine. Based upon which aforementioned crime was registered and applicants were arrested on 12.06.2025. 3. Learned counsel for applicants submits that applicants have been falsely implicated in the crime, they have not committed offence as alleged. He further submits that both the applicants are of tender age i.e. 18-19 years and there is no criminal antecedents against them. Charge-sheet has been filed. They are in jail since 12.06.2025 and trial may take sometime to conclude, hence, they may be enlarged on bail. 4. On the other hand, learned State counsel opposes the bail application however do not dispute the submission of counsel for the applicants that the applicants are of tender age of 18-19 years and there is no criminal antecedents against them. 5. I have heard learned counsel for the parties and perused documents placed on record. 6. Taking into consideration facts and circumstances of the case, nature of allegation, submission made by learned counsel for the respective parties as also the applicants are of tender age and trial may take 3 sometime for conclusion and also considering the detention period of the applicants, without commenting anything on merits of the case, I am inclined to allow this application. 7. Accordingly, bail application is allowed. It is directed that the applicants shall be released on bail, upon furnishing a bail bond in the sum of ₹ 25,000/- each with one surety in the like sum to the satisfaction of the Court on the conditions that- (a) The applicants 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. (b) The applicants shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of him absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicants 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. (d) The applicants 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 4 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/- (Parth Prateem Sahu) alfiza JUDGE