1 2025:CGHC:47825 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7462 of 2025 1 - Lokesh Nirmalkar S/o Shri Kanhaiya Nirmalkar Aged About 35 Years R/o Village - Rahod, P.S. - Shivrinarayan, Distt. - Janjgir-Champa Chhattisgarh. 2 - Ravishankar Kurre S/o Shri Kamal Kurre Aged About 30 Years Ward No.03 Lawan, Police Station Lawan, District : Balodabazar-Bhathapara, Chhattisgarh 3 - Bharat Banjare S/o Shri Kailash Banjare Aged About 26 Years R/o Village Bagguda, Police Station Lawan, District : Balodabazar- Bhathapara, Chhattisgarh ... Applicant(s) versus The State Of Chhattisgarh Through The Station House Officer, Police Station - Lawan, Distt. Balodabazar-Bhatapara Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Sunil Sahu, Advocate. For Respondent(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/09/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 grant of regular bail to the applicants who have been arrested in connection with Crime No. 269/2025 registered at Police Station Lawan, Distt. Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 310(2), 351(3) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on 10.06.2025, complainant Preetam Paikra went to the bank along with Ramsingh Khande to withdraw funds related to his housing scheme. He withdrew a sum of Rs.49,000/-, out of which Rs.1,000/- was spent on certain financial transactions and Rs.500/- was spent on purchasing liquor. At about 03:45 P.M., while passing near the Lawan liquor shop, five unknown persons intercepted Ramsingh and, by using criminal force, intimidation and threats, forcibly robbed an amount of Rs.47,500/- from his pocket. Upon examination of CCTV footage, the involvement of the present applicants along with two others was identified. Based on the written report of the complainant, Police Station Lawan, District Balodabazar-Bhatapara (C.G.) registered a crime against the applicants and the co-accused persons and subsequently arrested them. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and he has been falsely implicated in offence in question. He further submits that two of the identically situated co-accused persons, namely, Manish Khunte and Pritam Sahu have already been granted regular bail by this Court vide common order dated 20.08.2025 in MCRC No.5231 of 2025. The applicants are in jail since 11.06.2025, so far as criminal 3 antecedents of the applicants are concerned, applicant No.1 has seven criminal antecedents, out of which, two cases have already been disposed of and rest of the five cases are pending and applicant Nos.2 and 3 have not 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 applicants. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has not been filed in the present case. He further submits that the applicants alongwith other co-accused persons allegedly intercepted Ramsingh Khande and, by using criminal force and threats, forcibly robbed Rs.47,500/- from his pocket, their involvement was identified through CCTV footage, so far as criminal antecedents of the applicants are concerned, applicant Nos. 2 and 3 have no criminal antecedents and applicant No.1 has three criminal antecedents, which are of the years 2018, 2020 and 2021 under the IPC, but could not dispute the fact that co-accused persons, namely, Manish Khunte and Pritam Sahu, who also have criminal antecedents have already been granted bail by this Court. 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 applicants since 11.06.2025, the fact that though the applicants alongwith other co-accused persons allegedly intercepted Ramsingh Khande and, by using criminal force and threats, forcibly robbed 4 Rs.47,500/- from his pocket, their involvement was identified through CCTV footage, but considering the fact that two of the co- accused persons, who also have criminal antecedents, namely, Manish Khunte and Pritam Sahu have already been granted regular bail by this Court vide common order dated 20.08.2025 in MCRC No.5231 of 2025 and the case of present applicants is identical to that of the aforementioned co-accused persons, further charge- sheet has been filed, a copy of which has been produced by the counsel for the applicants during the course of arguments, as such, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicants-Lokesh Nirmalkar, Ravishankar Kurre and Bharat Banjare, involved in Crime No. 269/2025 registered at Police Station Lawan, Distt. Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 310(2), 351(3) of BNS, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through 5 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their 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 them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) 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 applicants are 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 them 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