1 2025:CGHC:55595 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9192 of 2025 Farukh Ali S/o Lohari Shah Aged About 34 Years R/o Thanda Nala, Gularbhoj, Udham Singh Nagar (Uttarakhand) ... Applicant Versus State Of Chhattisgarh Through The Station House Officer, Police Station Torwa, District Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Sumit Singh Rathore, Advocate For Non-applicant : Mr. Nitansh Kumar Jaiswal, Panel Lawyer S.B. : Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/11/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 335/2024 registered at Police Station – Torwa, District – Bilaspur (C.G.) for the offence punishable under Sections 318 (4) & 3 (5) of Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief is that on 22-08-2024, the complainant namely Roopa Chawda lodged complaint before Police Station Torwa, District Bilaspur (C.G) alleging that on 21-08-2024 at about 08:00 AM, when she was returning home after offering prayers in temple, one unknown person came nearby her and enquired for an address, when the complainant exclaimed that she wasn’t having knowledge of the said fact, the accused 2 persons started a tactic to con (swindle) the complainant and the complainant got influenced with the con tactic after which, the applicant and co-accused robbed her mangalsutra, gold earring and cash amounting Rs. 50,000/- from her and ran away. Based on the report, aforementioned offences were registered against the unknown persons and during the course of investigation, the applicant and other co-accused person was arrested on 17.06.2025. 3. Learned counsel for the applicant submits that the applicant is innocent, he has not committed any offence as alleged. He submits that the applicant is not directly involved in commission of the aforesaid crime as the applicant has borrowed some money from the complainant, which the applicant was unable to pay her and therefore, only to harass the present petitioner, the FIR was lodged. He contended that the complainant has lodged the present complaint on false allegations and only to satisfy her personal issues. He further submits that there is no evidence available against the applicant and no material has been recovered from the possession of the applicant by the police authorities. So far as the criminal antecedent is concerned, there are 03 criminal antecedents (Crime No. 209/2024 and Crime No. 117/2025, P.S. City Kotwali, District – Bilaspur and Crime No. 55/22025, P.S. - Navaghar, Meera-Bhaidar, Vasai Virar, Maharashtra) against the applicant. He is in jail since 17.06.2025 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicants on regular bail. 4. Learned counsel for the State/non-applicant opposes the bail application and submits that the prima facie there is material available against the applicant showcasing him to be involved in commission of offence under 318 (4) & 3 (5) of Bhartiya Nyaya Sanhita, 2023. The investigation is complete, charge- sheet has been filed before the competent Court and therefore, considering the seriousness of the offences, the risk of tampering with evidence, and the prima facie material collected, it is submitted that the bail application 3 deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submission of counsel for the respective parties and furthermore, the fact that investigation is complete, charge-sheet has been , therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Farukh Ali, involved in Crime No. 335/2024 registered at Police Station - Torwa, District – Bilaspur (C.G.), for the offence punishable under Sections 318 (4) & 3 (5) of 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 4 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 Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY