1 2025:CGHC:4528 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8936 of 2024 Shiva Sahu S/o Meghu Sahu Aged About 27 Years R/o Ward No. 18, Tilda- Nevra, P.S. Tilda- Nevra, District : Raipur, Chhattisgarh … Applicant versus State of Chhattisgarh Through S.H.O., P.S. Tilda Nevra, District : Raipur, Chhattisgarh ... Non-Applicant For Applicant : Mr. Bharat Lal Sahu, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.01.2025 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. 461/2024, registered at Police Station – Tilda-Nevra, District- Raipur (C.G.) for the offence punishable under Sections 309(6), 296 and 351 of Bharatiya Nyay Sanhita, 2023. 2 The case of the prosecution, in brief, is that the complainant has made complainant has made complaint to the concerned Police Station PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.25 14:04:19 +0530 2 alleging that at the time of incident, the applicant has quarreled dispute with the injured person and the applicant has committed marpit with him and looted amount of Rs. 5,500/- from complainant. Based upon such complaint, the Police Station has registered the offence under Section 309(6), 296 and 351 of Bharatiya Nyay Sanhita, 2023. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that at the time of incident, there was simple dispute arose between parties, but the applicant has neither assaulted upon injured person, nor committed any aforesaid offence as alleged by the prosecution against him. He further submits that the injured person has received injury is simple in nature. He further submitted that the applicant has three previous criminal antecedents which are pending. It is further stated that the charge-sheet has been filed and the applicant is in jail since 01.10.2024 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 opposed the bail application and submitted that the charge-sheet has been filed. She further submitted that the applicant has three previous criminal antecedents and amount of Rs. 200/- has been seized. Therefore, he is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused 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 only amount of Rs. 200/- has been seized from the applicant 3 and the applicant has three previous criminal antecedents which are pending, further the injuries sustained by the injured is simple in nature, charge-sheet has been filed and he is in jail since 01.10.2024, conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Shiva Sahu, involved in Crime No. 461/2024, registered at Police Station – Tilda-Nevra, District- Raipur (C.G.) for the offence punishable under Sections 309(6), 296 and 351 of Bharatiya Nyay Sanhita, 2023, 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 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 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 4 the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against his, 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 his in accordance with law. 8 Office 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 Preeti