1 2025:CGHC:55560 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9164 of 2025 • Sonu Lakra S/o Shri Balam Lakra Aged About 24 Years Occupation Agriculturist R/o Village Lalmati Police Station Ambikapur And Tahsil Lundra, District Surguja, Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Ambikapur, District Surguja, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Ms. Seema Verma, Advocate For Respondent/State : Mr. Amit Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.11.2025 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. 839/2024, registered at Police Station – Ambikapur, District – Surguja (C.G.) for the offence punishable under Sections 309(6), 309(4), 238 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that complaint has lodged a complaint at concerned police station alleging therein on the previous night 23.11.2024 when she was coming alone from her home Devgarh to VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.17 11:51:47 +0530 2 Ambikapur on scooty, after reaching near Luchki Ghat, three unknown person came in a motorcycle and snatched the key of the scooty and after throwing her on the ground, they rob her mobile and scooty and meanwhile injury caused in her hand. Based on the said complaint, an FIR has been lodged against the unknown persons. 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 submits that no recovery has been made from the present applicant and there is three criminal antecedents registered against the present applicant bearing crime No.112 of 2021 registered at police station Batauli for offence under section 363, 370, 391, 354, 120(B) of IPC, in which he has been acquitted and bearing crime No.137 of 2021 registered at police station Lundra for offence under section 363, 370, 391, 354, 120(B) of IPC and in crime NO.168 of 2021 registered at police station Lakhanpur for offence under section 363, 370, 391, 354, 120(B) of IPC, and in both cases trial in final stage. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 20.03.2025 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 opposes the bail application and submits that there is three criminal antecedents registered against the present applicant, out of which two cases are pending against the applicant and in one case applicant has been acquitted. The charge-sheet has been filed in this case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and no recovery has been made from the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 20.03.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant,Sonu Lakra, involved in Crime No.839/2024, registered at Police Station – Ambikapur, District – Surguja (C.G.) for the offence punishable under Sections 309(6), 309(4), 238 of the Bharatiya Nyaya Sanhita, 2023 (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:- (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 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. 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 vaishali