1 2025:CGHC:437 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8633 of 2024 Vikas Yadav S/o Nand Kumar Yadav Aged About 19 Years Resident of Village Majhgaon, Post Semariya, Police Station Kota, District Bilaspur (Chhattisgarh) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Kota, District Bilaspur (Chhattisgarh) ... Non-applicant For Applicant : Mr. Ravikar Patel, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. For Objector : Mr. Ramkrishna Kashyap, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.01.2025 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. 902/2024 registered at Police Station Kota, District Bilaspur (C.G.), for the offences punishable under Sections 140(1), 308(5), 127(7), 74, 115(2), 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2 2. According to the prosecution's story, the victim filed a written complaint at Kota Police Station, stating that on October 25, 2024, she and her friend went to Aurapani on a motorcycle for a walk. At that time, three individuals approached them, posing as police officers, and demanded Rs. 20,000/- threatening to kill them if they didn't comply. After paying Rs. 10,000/- the trio left, and the police arrived, arresting the perpetrators. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that the present applicant get arrested only on the basis of mere suspicion. He also submits that the applicant has neither committed nor participated in any act, which may amount to any of the offences, mentioned above. He further submits that the present applicant has no criminal antecedents and he is in jail since 26.10.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail in the present case. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. 5. Learned counsel for the objector opposes bail application of the present applicant and submits that the applicant along with two others impersonated themselves as police officials and misbehaved with victim and threatened to kill them, therefore, he is not entitled for grant of regular bail. 3 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case that the present applicant has no criminal antecedents and the case of the present applicant is distinguished from the case of the other co-accused, namely, Dharmendra Shrivas and Rakesh Jaiswal. Moreover, the charge-sheet has been submitted before the competent Court and the applicant is in jail since 26.10.2024, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 8. Let the Applicant – Vikas Yadav, involved in Crime No. 902/2024 registered at Police Station Kota, District Bilaspur (C.G.), for the offences punishable under Sections 140(1), 308(5), 127(7), 74, 115(2), 351(2) and 3(5) of the 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 4 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his 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. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek