1 2025:CGHC:60253 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10195 of 2025 Prabhat Alias Vikki Chouhan S/o Late Jaiprakash Chouhan Aged About 19 Years R/o Village - Faraswani, Police Station - Sarangarh, District - Sarangarh Bilaigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Sarangarh, District Sarangarh-Bilaigarh Chhattisgarh ... Respondent For Applicant : Mr. Abhishek Saraf, Advocate. For Non-applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 11.12.2025 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. 576/2025 registered at Police Station - Sarangarh District Sarangarh Bilaigarh (C.G.), for the offences punishable under Section 310(2) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.11 18:14:31 +0530 2 2. The prosecution story in short is that, on 31-10-2025 Complainant Khirod Shah lodged written complaint against unknown persons alleging that, on 24-10-2025 at about 07:00, Purushottam Shrivas and complainant both were in a car and near Banjari temple they met 6 unknown masked men who had covered their faces with a cloth and stopped us by giving us a knife and snatched my silver bracelet and silver ring and my mobile VIVO V18I which had Jio SIM 9777373282 and broke the indicator and lock guard of the car and separated us and assaulted them and started demanding money and looted Rs. 600/- cash and took him to the top of the hill and started threatening to throw me from there if I did not give the money. We both did not have any cash and I had Rs. 84,000/- kept in my phone. I was asked to deposit the money on Purushottam Shrivas's phone number 8269339085. Due to threats and threats, I deposited the money out of fear and the unknown persons asked me to ask for more money from my family members, on which out of fear I got my father Hari Sah to deposit Rs. 10,000/- through phone and deposited it on Purushottam Shrivas's phone number as well and the unknown persons took Purushottam Shrivas with them and the money was withdrawn, on the basis of such offence under section 310(2) of the BNS. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that It is submitted that only Rs.9,500/- in cash, which is unverified property, was seized from the applicant, and though his mobile phone and bike were also seized, these items were not part of the alleged looted property. The FIR was originally lodged against seven unknown persons, and no TIP parade was conducted in which 3 the applicant was identified by the complainant, indicating that the applicant has not been directly linked to the crime. The applicant is not responsible for the alleged offence, and the provisions of Section 310(2) of the Bharatiya Nyay Sanhita are not attracted against him. The applicant has been in custody since 07.11.2025, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the submissions made by the learned counsel for the parties, the nature and gravity of the allegations levelled against the applicant, and the fact that no TIP parade was conducted in which the applicant was identified by the complainant indicating that he has not been directly linked to the crime coupled with the fact that the applicant has no previous criminal antecedents, the filing of the charge- sheet, and the fact that he has been in custody since 07.11.2025, with the conclusion of the trial likely to take some time, this Court is of the considered opinion that the applicant is entitled to regular bail 7. Let the Applicant – Prabhat Alias Vikki Chouhan, involved in Crime No. 576/2025 registered at Police Station - Sarangarh District Sarangarh Bilaigarh (C.G.), for the offences punishable under Section 310(2) of the BNS, be released on bail on his furnishing personal bond with two local 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 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 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 sufficient 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. 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 vaibhav