1 2025:CGHC:46482 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7171 of 2025 Amit Chaudhary @ Bihari S/o Bhavani Chaudhary Aged About 36 Years R/o Village, Limdih Para Khairpur, Raigarh Tahsil And District- Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police In Charge Police Station City Kotwali, Raigarh, District- Raigarh (C.G.) ... Non-applicant(s) For Applicant : Ms. Hamida Siddiqui, Advocate For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.09.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 244/2025, registered at Police Station : City Kotwali District- Raigarh (C.G.) for the offence punishable under Sections 309(6), 3(5) of Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant Shivraj Singh lodged a report at the police station stating that on KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 23/05/2025 at about 11:00 a.m., he, along with his wife, child, and sister-in-law, arrived at Raigarh Railway Station carrying four sacks of wheat, rice, and gram. At the station, upon engaging two coolies to carry the goods, they transported the articles to the parking area and arranged for two auto-rickshaws, one for carrying the goods and the other for the complainant and his family. Both coolies were also asked to accompany them to Chandamari. On reaching home, the auto-rickshaw carrying the complainant and his family returned, while the other driver, who disclosed his name as Golu Sidar, after placing the goods inside the house, induced the complainant to accompany him along with his two coolie associates on the pretext of showing him a river/stream. They took him near the river in front of Hanuman Mandir, where the two coolies assaulted him with slaps and demanded money. At the same time, the rickshaw driver Golu held him, and one of the coolies named Bihari forcibly took out a sum of ₹45,000/- kept in his pocket and fled away. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case merely on the basis of suspicion, as he is completely innocent and a permanent resident of Raigarh district. A fabricated case has been registered against him on false and unreliable grounds. The memorandum prepared on 28.05.2025 at Police Station City Kotwali, Raigarh, is prima facie fabricated and inconsistent with the FIR registered on 23.05.2025, and therefore cannot be relied upon. He further submits that in the present case, the applicant has deep roots in Raigarh, where his entire movable and immovable properties are situated, leaving no possibility of 3 absconding. He undertakes to abide by all conditions imposed by this Court. Furthermore, the prosecution evidence is not prima facie sufficient to establish his guilt, the charge-sheet has already been filed, and the applicant is in custody since 28.05.2025. Hence, the applicant deserves to be enlarged on bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and the applicant has no criminal antecedent, further upon perusal of the case record, it is revealed that the accused Amit Chaudhary alias Bihari, in his memorandum statement, admitted his involvement along with other associates in committing the said incident against the complainant. As per the seizure memo attached in the case, the following were recovered from the possession of accused Amit Chaudhary alias Bihari i.e. the auto-rickshaw used in the offence bearing registration no. CG-13-UB-7902, one non-judicial stamp paper of ₹50 along with a deed of sale/undertaking, and looted cash amounting to ₹1,000/- (five currency notes of ₹200 denomination each). Further, in the arrest memo of the accused, it is also mentioned that the accused is habitually armed, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel 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 28.05.2025 and the recovery made from him and further the 4 fact that in the present case, charge-sheet has been filed before the competent Court and the applicant has no previous criminal antecedent and no further interrogation is required and the trial is likely to take some time for its conclusion, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Let applicant, Amit Chaudhary @ Bihari, involved in Crime No. 244/2025, registered at Police Station : City Kotwali District- Raigarh (C.G.) for the offence punishable under Sections 309(6), 3(5) of Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 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 5 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 Kunal