1 2025:CGHC:5610 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9102 of 2024 1 - Somesh Sahu S/o Pitamber Sahu Aged About 22 Years R/o Gond Para Tarenga, P.S. Bhatapara, Gramin District Baloda - Bazar Bhatapara, Chhattisgarh. 2 - Sonu Nishad S/o Sukhram Nishad Aged About 22 Years R/o Gond Para Tarenga, P.S. Bhatapara, Gramin District Baloda - Bazar Bhatapara, Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Simga, District - Baloda - Bazar Bhatapara, Chhattisgarh. ... Non-applicant For Applicants : Mr. Vijay Shankar Mishra, Advocate. For Non-Applicant : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/01/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 414/2024 registered at Police Station-Simga, District- Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 309(6), 3(5) of BNS Act. 2. Case of the prosecution, in brief, is that the complainant namely KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Meghanath Sahu lodged oral complaint on 19.10.2024 before the concerned police station with the averment that in the morning when he was going for open his shop at village Khairghat and after closing his shop in the evening, three persons came on a motorcycle from behind on the road between Bansankara and Khairghat, stopped his motorcycle and assaulted the complainant by throwing chili powder on his face and punching him in the nose and then looted Rs. 5,000/- cash from him and then fled away from the spot. Upon such basis, the aforesaid offence has been registered against the accused persons. 3. Learned counsel for the applicants submit that the applicants are innocent and have not committed any offence as alleged by the prosecution and has been falsely implicated in aforesaid case. He further submits that no seizure has been made by the present applicants as they have been implicated only on the basis of memorandum statement of the co-accused and according to section 27 of evidence act any statement given in police station that is not admissible part of evidence and the applicants are in jail since 21.10.2024 and have no criminal antecedents and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State counsel appearing for the respondent/State opposes the bail application and submits that the applicants along with co-accused have stopped the complainant while he was returning from his shop and assaulted him by throwing chili powder on his face and punching him in the nose and then 3 looted Rs. 5,000/- cash from him and then fled away from the spot, after investigation, the recovery made from them i.e. from the possession of the applicant No. 1, rupees 500/- cash and from applicant No. 2, rupees 4500/- was recovered. Accordingly, they are 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 applicants since 21.10.2024 and the fact that in the present case, charge- sheet has been filed before the competent Court and the applicants have no criminal antecedents and no further interrogation is required, as such, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants-Somesh Sahu and Sonu Nishad, involved in Crime No. 414/2024 registered at Police Station- Simga, District- Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 309(6), 3(5) of BNS Act, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 4 accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberated 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 them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Kunal