1 2025:CGHC:132 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8964 of 2024 Alakhram S/o Late Bairagi Dewar Aged About 43 Years R/o Ward No. 10, Dewarpara, Talabpara, P.S. Station Gunderdehi, District : Balod, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through S.H.O., P.S. Balod, District : Balod, Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Pravin Dhurandhar, Advocate. For Non-Applicant(s) : Mr. U.K.S. Chandel, Deputy Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/01/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 459/2024 registered at Police Station Balod, District : Balod (C.G.) for the offence punishable under Sections 140(3), 308(4), 296, 351(2), 115(2) r/w Section 3(5) of BNS. 2 2. Case of the prosecution, in brief, is that the complainant Santosh Sonkar made a written report to the Police on 04-09-2024 on which FIR was registered on 05.09.2024 alleging therein that he was in jail since 26.08.2024 to 04.09.2024 and when he was released on 04.09.2024, and he was waiting for his relatives outside the jail at about 7.00 pm, the applicant along with co-accused Chandru @ Chandar Kumar Sahu came in the motorcycle bearing Registration No. CG-24/N-3894 and forcefully abducted him and took him to Tandula Dam Main Road Balod, abused him and assaulted him saying that you are not returning money and when the complainant was ready to return money at Gunderdehim, they took him at Gunderdehi, where the relatives of the complainant tried to stop the motorcycle but they did not stop and went towards Madiyapara Chowk and from there, the accused persons fled away, subsequently on the basis of report the above crime was registered. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the allegation of not returning money is of Chandaru not of the present applicant, only on the basis of memorandum statement of co-accused, the present applicant has been made an accused, only a scarf (gamchha) has been seized from him. The applicant is in jail since 06.09.2024, the applicant has nine criminal antecedents of the years 2005, 2006, 2007, 2008, 2009 and 2015, charge-sheet has been filed in the present case and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant alongwith other co-accused persons have forcefully abducted the complainant and also abused him, further the applicant is also having nine criminal antecedents against him, therefore, the applicant is not entitled for grant of 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, nature and gravity of offence, period of detention of the applicant since 06.09.2024, the fact that though the applicant alongwith other co-accused person have forcefully abducted the complainant and also abused him, but there is no injury received by the complainant, so far as the nine criminal antecedents of the applicant are concerned, all pertains to the years 2005, 2006, 2007, 2008, 2009 and 2015, which are old and stale, further the charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant-Alakhram, involved in Crime No. 459/2024 registered at Police Station Balod, District : Balod (C.G.) for the offence punishable under Sections 140(3), 308(4), 296, 351(2), 115(2) r/w Section 3(5) of 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:- 4 (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. (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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil