1 2025:CGHC:54254 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6823 of 2025 Sanjay Kumar Chauhan Son Of Late Anand Ram Chauhan Aged About 21 Years Resident Of Kerakachhar, Bichhiduggu Mohalla Police Station - Dipka, District- Korba (C.G.) ... Applicant Versus State Of Chhattisgarh Through Station House Officer Police Station Banki- Mongra District- Korba (C.G.) ... Non-Applicant For Applicant : Mr. Amit Singh Chauhan, Advocate For Non-Applicant : Mr. Nitansh Kumar Jaiswal, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 06/11/2025 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 has been arrested in connection with Crime No. 115/2024 registered at Police Station – Banki Mongra, District – Korba (C.G.), for the offence punishable under Sections 296, 115 (2), 351 (2), 324 (4), 3 (5), 309 (4), 309 (6), 317 (2), 317 (2), 317 (5), 310 (2) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case is that, on 14.07.2024, the complainant Brijpal Singh Kanwar lodged report at Police Station, Bankimongra, alleging therein that on 14.07.2024 in between 01:00 A.M. to 02:00 A.M., he was driving J.C.B. Machine and spreading stone, at that time, around 20 persons came there, 2 who were equipped with axe, assaulted him and also looted his mobile. On the basis of said report, offence was registered against unknown persons and on the basis of mobile location, the accused persons including present applicant have been arrested on 06.08.2025. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He submits that the applicant has not assaulted or robbed the complainant and has not played any pivotal role in commission of the aforesaid offence. He submits that the applicant has been impleaded in the present only on the basis of suspicion and there is no specific allegation leveled against the applicant. Further, the similarly situated persons namely Amit Kumar Chauhan and Sagar Kumar Chauhan have been granted bail by the learned Trial Court. He further submits that there is no criminal antecedent against the applicant. He is in jail since 06.08.2025, conclusion of trial may take some time. Therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that though the charge-sheet has already been submitted before the competent Court in the present case, however, a seizure of mobile phone has been made from the possession of the applicant. He submits that there is specific allegation against the applicant of looting mobile phone of the applicant. However, he do not dispute the submission of counsel for the applicant that the applicant is having no criminal antecedents. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further the fact that the applicant has no criminal antecedents against him. Moreover, the charge- sheet has already been submitted before the competent Court in the present 3 case and the similarly situated persons have been granted bail by the learned Trial Court, the applicant is in jail since 06.08.2025, conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Sanjay Kumar Chauhan, involved in Crime No. 115/2024 registered at Police Station – Banki Mongra, District – Korba (C.G.), for the offence punishable under Sections 296, 115 (2), 351 (2), 324 (4), 3 (5), 309 (4), 309 (6), 317 (2), 317 (2), 317 (5), 310 (2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on 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 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 his, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (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 Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY