1 2025:CGHC:53914 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8745 of 2025 Sonu Patel S/o Hemraj Patel Aged About 21 Years R/o Hirapur, Near Panchayat Bhawan, P.S. Kabir Nagar, Raipur, Chhattisgarh. ... Applicant Versus State Of Chhattisgarh Through- Station House Officer, Police Station- Rakhi, Raipur, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. C.R. Sahu, Advocate For Non-applicant : Ms. Shubra Shrivastava, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 04/11/2025 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 who has been arrested in connection with Crime No. 91/2025 registered at Police Station – Rakhi Raipur, District – Raipur (C.G.), for the offence punishable under Sections 309 (6), 126, 309 (4), 310 (2), 324 of the Bhartiya Nyaya Sanhita, 2023 and Section 25 of the Arms Act, 1959. 2. Case of the prosecution, in brief, is that the complainant lodged report at Police Station Rakhi Raipur stating that, on 10.06.2025 at around 02:30 A.M., when the complainant along with his helper Vishnu Prajapati, Abhishek Yadav and Krishna Kumar Yadav was driving his Hyva Vehicle bearing registration no. MH 53 B 9023 and reached near C.B.D. Railway Station, at 2 that time the accused persons in their SUV Car i.e. Scorpio Vehicle bearing registration no. CG 04 PF 5907 stopped the Hyva of the complainant. Thereafter, the applicant along with the co-accused person damaged the vehicle and assaulted the complainant and his friends and looted their money amounting to Rs. 2,200/-, Aadhar Card and mobile phones from them. Based on the report, aforementioned FIR was registered and the applicant was arrested on 10.06.2025. 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 applicant has been been impleaded in the crime only on the basis of suspicion and the memorandum statement of the co-accused persons and there is no material against the applicant in the charge-sheet. He further submits that no criminal antecedents is registered against the applicant. Applicant is in jail since 10.06.2025, conclusion of the 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 the charge-sheet has already been submitted before the competent Court in the present case. However, she submits that there specific allegations against the applicant of commission of assault upon the complainant and other injures persons. Further, she submits that there is one criminal antecedent against the applicant, therefore, applicant may not be enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary and the fact that, applicant is having one criminal antecedent against him, further, charge-sheet has been filed before the competent Court, period of 3 pre-trial detention, without further commenting anything on merits, this Court finds it appropriate to grant bail to the applicants. 7. Let the Applicant – Sonu Patel, involved in Crime No. 91/2025 registered at Police Station – Rakhi Raipur, District – Raipur (C.G.), for the offence punishable under Sections 309 (6), 126, 309 (4), 310 (2), 324 of the Bhartiya Nyaya Sanhita, 2023 and Section 25 of the Arms Act, 1959, 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 them, 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 4 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 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 and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY