1 2025:CGHC:198 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9076 of 2024 Bhojram Sahu S/o Late Shri Mahendra Sahu Aged About 18 Years R/o - Village Acchholi, Police Station - Tumgaon, Tahsil And District - Mahasamund (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Tumgaon, Tahsil And District – Mahasamund (C.G.) ---- Non-applicant For Applicant : Mr. Pawan Kesharwani, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 111/2024, registered at Police Station – Tumgaon, Tahsil And District – Mahasamund (C.G.) for the offence punishable under Sections 309(6) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the complainant Padman Dhiadi reported at Tumgaon Police Station that on 03.07.2024, while he was 2 walking from village Samoda, two unknown persons gave him a lift and then took him inside the Achhola High School grounds, they grabbed him from behind, beat him with a steel rod on both legs, and assaulted him, stealing 7,430/- from his pocket, he managed to escape, and the people around saw the robbers fleeing, based on this complaint, an offense was registered against two unidentified persons, and during the course of investigation, suspects Awan Sahu and Bhoj Sahu were detained and memorandum statements were recorded, according to these statements, Rs. 1,000/- of the stolen money was recovered from the applicant/accused. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are 2 criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that the co-accused persons has been enlarged on bail by this Court vide order dated 04.09.2024 passed in MCRC No. 6075/2024. The applicant is in jail since 07.07.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are 2 criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that the complainant Padman Dhiadi reported at Tumgaon Police Station that on 03.07.2024, while he was walking from village Samoda, two unknown persons gave him a lift and then took him inside the Achhola High School grounds, they grabbed him from behind, beat him with a steel rod on both legs, and assaulted him, stealing 7,430/- from his pocket, he managed to escape, and the people 3 around saw the robbers fleeing, based on this complaint, an offense was registered against two unidentified persons, and during the course of investigation, suspects Awan Sahu and Bhoj Sahu were detained and memorandum statements were recorded, according to these statements, Rs. 1,000/- of the stolen money was recovered from the applicant/accused, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are 2 criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, further the fact that the co-accused persons has been enlarged on bail by this Court vide order dated 04.09.2024 passed in MCRC No. 6075/2024, the applicant is in jail since 07.07.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. 7. Let applicant, Bhojram Sahu, involved in Crime No. 111/2024, registered at Police Station – Tumgaon, Tahsil And District – Mahasamund (C.G.) for the offence punishable under Sections 309(6) and 3(5) of the 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 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 4 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 sufÏcient 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 sufÏcient 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. OfÏce 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 Rajshekhar