1 2025:CGHC:46529 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7241 of 2025 Manjit Ram S/o Mangadu Ram Aged About 27 Years R/o Village Saraipali Police Station Bageecha District - Jashpur (Chhattisgarh) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Bagicha (Wrongly Mentioned Jashpur In Annexure A-1) District - Jashpur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Manoj Chauhan, Advocate. For Respondent(s) : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/09/2025 1. This is the Second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who have been arrested in connection with Crime No. 128/2025 registered at Police Station : Bagicha, District - Jashpur for the offence punishable under Section 126(2), 309(4), 309(6) of Bharatiya Nyaya Sanhita (for short BNS’). 2. Case of the prosecution, in brief, is that the complainant lodged a report alleging that on the date of the incident the accused–applicant AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 demanded Rs.100 from him, and when he refused, the applicant assaulted him, looted a chocolate, and fled the spot. On this complaint, the police registered an offence under Sections 126(2), 309(4), and 309(6) of the Bharatiya Nyaya Sanhita against unknown persons. During investigation, the present applicant was arrested on the basis of a memorandum statement, and the case was registered against him. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application was dismissed as withdrawn with liberty to file a fresh application with the correct particulars by this Court vide order dated 21.08.2025 in MCRC No.5943 of 2025, therefore this second bail application is filed on the ground that the applicant has been falsely implicated on mere suspicion without proper investigation. His name does not appear in the FIR and no incriminating material or seized article has been recovered from him. The only basis for his arrest is the memorandum statement of others, which does not establish any ingredient of offences under Sections 126(2), 309(4), or 309(6) of the Bharatiya Nyaya Sanhita. The prosecution story is thus unsupported by evidence and appears to be a fabricated attempt to implicate the applicant, further charge-sheet has already been filed in the present case, the applicant is in jail since 03.06.2025 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 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. He further submits that though the applicant has no criminal antecedent, but he is alleged to have demanded a sum of Rs.100/- 3 from the complainant and, upon the complainant’s refusal, assaulted him and forcibly took away a chocolate, thereafter fleeing from the spot, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the first bail application was dismissed as withdrawn with liberty to file a fresh application with the correct particulars by this Court vide order dated 21.08.2025 in MCRC No.5943 of 2025. 7. 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 alleged to have demanded a sum of Rs.100/- from the complainant and, upon the complainant’s refusal, assaulted him and forcibly took away a chocolate, thereafter fleeing from the spot, 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. 8. Accordingly, the application is allowed. 9. Let the Applicant-Manjit Ram, involved in Crime No. 128/2025 registered at Police Station : Bagicha, District - Jashpur for the offence punishable under Section 126(2), 309(4), 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 4 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 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. 10. 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