1 2025:CGHC:48057 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7529 of 2025 Mohammad Taj Khan S/o Harun Khan Aged About 19 Years Caste- Infront Of Masjid, Kashiram Nagar, Police Station- Telibandha District- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Rajendra Nagar, Raipur, District Raipur (C.G.) ... Non-Applicant(s) For Applicant : Mr. Ali Afzal Mirza, Advocate For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/09/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 55/2025 registered at Police Station- New Rajendra Nagar, Raipur District- Raipur (C.G.), for the offence punishable under Sections 311 of B.N.S. 2. Case of the prosecution, in brief, is that the complainant made an oral complaint, wherein he stated that on 21.03.2025 in the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 morning, when he went for a morning walk and at around 05:15 O'clock in the morning near Priyadarshini Nagar, Rihajdam Colony were in a motorcycle 03 unknown person in an Activa, 03 other unknown persons came. The rider who was ridding the Activa Vehicle stopped in front of the complainant and one person came near the complainant, the motorcycle rider was standing a distance and two other persons who were in the motorcycle came towards the complainant and one of them showed a knife to the complainant and threatened him to life, thereafter two other persons started checking the locket that the complainant was wearing. Subsequently the unknown person started threatening the complainant for life and took the complainant's phone from his pocket which was of company Real-Me and had a same inside the bearing phone number 9031704155 and 9431753188 SIM, the value of the phone was Rs. around 15,000/-, thereafter the unknown persons went away in their Activa and motorcycle after stealing the complainant's phone. On the basis of the said report an FIR bearing crime No. 55/2025 was registered against the 06 unknown persons for the offence punishable under Section 311 of BNS 2023. During the course of investigation in the aforementioned offence an information was received by way of the control room that such overt act has happened in new Rajendra Nagar and thereafter the permission was taken from the competent Court for the purpose of production warrant dated 04.04.2025, thereafter a formal arrest the application was shown and after completion of investigation and 3 the final charge sheet before the concern trial Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has not committed any offence. It is submitted that in the present case, the charge-sheet has already been filed before the competent Court. With regard to the criminal antecedents of the applicant, it is submitted that except the present case, the applicant has only two antecedents, i.e., Crime No. 42/2025 and Crime No. 165/2025. In Crime No. 42/2025, the applicant has already been granted bail. It is further submitted that no weapon, article or money has been seized or recovered from the applicant. As per the prosecution story, about six unknown persons riding on an Activa and a motorcycle committed the alleged offence. However, neither the complainant nor any witness has given any description regarding the identity, facial features, or bodily features of the assailants, nor was any registration number of the vehicles disclosed. The report was initially lodged against unknown persons, and there was no eyewitness to the incident, despite the fact that the alleged place of occurrence is a busy road where people often come for exercise and morning walk. It is alleged that during the course of investigation, the present applicant has been implicated only on suspicion, on the basis that another similar incident had taken place, and solely for that reason he has been arrested in the instant case. It is further submitted that the applicant has been in custody since 04.04.2025, the trial is likely to take considerable time for its conclusion, and therefore, the applicant deserves to be enlarged on bail. 4 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that from perusal of the case diary, it transpires that when the complainant had gone for a morning walk, the applicant along with co-accused came on a motorcycle/Activa. One of them stopped the complainant, another threatened him with a knife, and two others attempted to snatch his locket. Thereafter, they forcibly took away his mobile phone (Realme, worth about ₹15,000/-, containing SIM Nos. 90317xxxxx and 94317xxxxx) and fled on their vehicles. Accordingly, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 04.04.2025 and further the fact that the present applicant has been implicated only on suspicion, on the basis that another similar incident had taken place and solely for that reason he has been arrested in the instant case and further in the present case no recovery has been made from the possession of the applicant and charge-sheet has been filed before the competent and the applicant is in jail since 04.04.2025 as such this Court is of the opinion that the present applicant is entitled to be released on bail. 7. Let the applicant – Mohammad Taj Khan, involved in Crime No. 55/2025 registered at Police Station- New Rajendra Nagar, Raipur District- Raipur (C.G.), for the offence punishable under Sections 311 of B.N.S., be released on bail on his furnishing a personal 5 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 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 6 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 for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal