1 2025:CGHC:60565 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10185 of 2025 U Govind S/o U Polaiyya Aged About 25 Years R/o T.T.B.C. Colony Ward No. 11 Mana Camp P.S. Mana Camp, Distt. Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Mana Camp Distt. Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Awadh Tripathi, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/12/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 287/2025 registered at Police Station Mana Camp Distt. Raipur (C.G.) for the offence punishable under 2 Sections 25 & 27 of Arms Act and Section 309(3) of BNS. 2. The prosecution case is that the complainant, a constable, reported that on 25.08.2025 around 4:00 AM, while going to duty on his Activa CG 04 MC 7059, he slowed down near VIP Restaurant due to cattle on the road. At that moment, three masked individuals allegedly threatened him and forcibly snatched his Activa worth Rs.15,000/-. An FIR was registered against unknown persons. During investigation, the police recorded the memorandum of the accused persons, and based on the memorandum of co-accused Vishal Tandi, the stolen Activa was recovered from him. The applicant was subsequently arrested along with others, and the charge-sheet has now been filed. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the looted vehicle has already been recovered from a co-accused, the charge-sheet has been filed, and no further custodial interrogation of the applicant is required. Since neither the looted vehicle nor the alleged knife was seized from the applicant’s possession and he has no previous criminal antecedents, no prima facie case is made out against him. Furthermore, the complainant himself stated that the offenders had covered their faces at the time of the incident; therefore, the identification of the applicant carries no legal value. 3 On the basis of such doubtful identification, the prosecution cannot establish that the applicant was involved in the alleged offence. The applicant is in jail since 31.08.2025, the applicant has no criminal antecedent and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant is alleged to have wrongfully stopped the complainant’s vehicle, abused and assaulted the complainant and his companions, attempted to snatch a gold chain, demanded money for liquor, caused multiple injuries, and criminally threatened to kill them. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 31.08.2025, the fact that though the applicant is alleged to have wrongfully stopped the complainant’s vehicle, abused and assaulted the complainant and his companions, attempted to snatch a gold chain, demanded money for liquor, caused multiple injuries, and criminally threatened to kill them, but considering the fact that the applicant has no criminal antecedent and charge- 4 sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-U Govind, involved in Crime No. 287/2025 registered at Police Station Mana Camp Distt. Raipur (C.G.) for the offence punishable under Sections 25 & 27 of Arms Act and Section 309(3) of 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. 5 (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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil