1 2025:CGHC:734 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9129 of 2024 Ashwani Ratre @ Raja S/o Satish Ratre Aged About 28 Years R/o Jarhabhatha, Near Shivnath Mandir, Police Station - Civil Line, District - Bilaspur, C.G. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Civil Line, District- Bilaspur, C.G. ... Non-applicant For Applicant : Mr. Rajeev Kumar Dubey, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.01.2025 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. 774/2024 registered at Police Station – Civil Line, Bilaspur, District Bilaspur (C.G.) for the offence punishable under Section 310(4), (5) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and Section 27 of the Arms Act. 2. The prosecution's story is that on August 23, 2024, police received a tip from a secret informant and conducted a raid near Jatiya Talab ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.07 12:09:27 +0530 2 Sulabh Complex. Eight accused persons were caught with various weapons, including a pistol, cartridges, swords, knives, and motorcycles. Police recorded statements from Monu Thakur and Swaraj Kurre, and seized several items, including weapons and mobile phones. The accused were allegedly planning a robbery at an ATM. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that the name of the present applicant came into light only on the basis of the memorandum statement of the other co-accused person. He further submits that the present applicant has 02 criminal antecedents under the IPC in which the applicant has already been acquitted, which is also explained in the bail application. He submits that the applicant is in jail since 23.08.2024, conclusion of the trial may take some, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He submits that the present applicant along with other 11 co-accused persons, were indulged in a planning of robbery at an ATM and from their possession a pistol, cartridges, swords, knives, and motorcycles have been seized, therefore, he is not entitled for grant of regular bail. 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 and the fact that the name of the applicant came into light only on the basis 3 of the memorandum statement of the co-accused person. Moreover, present applicant has 02 criminal antecedents under the IPC in which the applicant has already been acquitted, which is also explained in the bail application. Also considering the fact that in the present bail application the charge-sheet has been filed before the competent Court and the present applicant is in jail since 23.08.2024 and 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 bail in this case. 7. Let the Applicant – Ashwani Ratre @ Raja, involved in Crime No. 774/2024 registered at Police Station – Civil Line, Bilaspur, District Bilaspur (C.G.) for the offence punishable under Section 310(4), (5) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and Section 27 of the Arms Act, be released on bail on his 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 his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 Abhishek