1 2025:CGHC:47321 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7351 of 2025 1 - Manjeet Jangde S/o Ramlal Jangde, Aged About 19 Years R/o - Dighora, (Wrongly Written As Dighor In Order-Sheet), P.S.- Hirri, District- Bilaspur (C.G.) 2 - Vikas Yadav, S/o- Bisahu Yadav, Aged About 19 Years R/o- Village- Amne, P.S.- Kota, District- Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through SHO Of Police Station- Sargaon, District - Mungeli (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pallav Mishra, Advocate. For Respondent(s) : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/09/2025 1. This is the rst bail application led under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 40/2025 registered at Police Station Sargaon, District - Mungeli (C.G.) for the o-ence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sections 304, 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on 29 April 2025 at about 4:50 p.m., complainant Smt. Ishwari Dayaram Kevat was travelling with her son Minesh on a scooter (MH-49-AW-8359) from Bilaspur to Tilda-Nevra when, near the Chandrakhuri over-bridge, three unknown persons riding an orange Bajaj NS motorcycle without a number plate came alongside and forcibly snatched the purse from her hand before speeding away. The purse contained an Oppo mobile phone, Rs.21,000 in cash, an HDFC Bank credit card, a District Cooperative Bank ATM card, and a mobile charger. On her report, Crime No. 40/2025 was registered at Police Station Sargaon under Sections 304 and 3(5) of the Bharatiya Nyaya Sanhita. During investigation, two suspects Vikas Yadav and Manjeet Jangde were detained, and in the presence of the Tehsildar the complainant identied them by touching their shirts in a test- identication proceeding. Police recovered from Vikas Rs.2,450 and the motorcycle used in the o-ence, from Manjeet Rs.2,500 and an Oppo mobile phone, and from a third accused Suraj Amon Rs.1,600, after which all three were arrested. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any o-ence and they have been falsely implicated in o-ence in question. He further submits that no signicant incriminating material was seized from them, so far as co-accused person is concerned, he has already been granted bail by the learned trial Court and the said fact is mentioned in order-sheet. 3 The applicants are in jail since 05.05.2025, the applicants have no criminal antecedent, charge-sheet has been led and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been led in the present case. He further submits that the applicants are alleged to be two motorcycle-borne snatchers who, on 29 April 2025, forcibly stole a purse containing cash, a mobile phone, and bank cards from complainant Ishwari Dayaram Kevat near the Chandrakhuri over- bridge, thereby committed robbery, urther there is recovery from the applicants, from applicant No.1 Rs.2,500 and an Oppo mobile phone and from applicant No.2 Rs.2,450 and the motorcycle used in the o-ence are recovered. She further submits that the applicant No.2 has one criminal antecedent of the year 2024 under the BNS, therefore, the applicants are 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 o-ence, period of detention of the applicants since 05.05.2025, the fact that though the applicants are alleged to be two motorcycle-borne snatchers who, on 29 April 2025, forcibly stole a purse containing cash, a mobile phone, and bank cards from complainant Ishwari Dayaram Kevat near the Chandrakhuri over- bridge, thereby committed robbery, further there is recovery from the applicants, from applicant No.1 Rs.2,500 and an Oppo mobile 4 phone and from applicant No.2 Rs.2,450 and the motorcycle used in the o-ence have been recovered, but considering the fact that applicant No.1 has no criminal antecedent and applicant No.2 has only one criminal antecedent, which is of the year 2024 under the BNS, further charge-sheet has been led in the present case, this Court is of the view that the applicants is entitled to be released on bail in this case. 7. 7. Accordingly, the application is allowed. 8. Let the Applicants-Manjeet Jangde and Vikas Yadav, involved in Crime No. 40/2025 registered at Police Station Sargaon, District - Mungeli (C.G.) for the o-ence punishable under Sections 304, 3(5) of BNS, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall le an undertaking to the e-ect that they shall not seek any adjournment on the dates xed 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 applicants shall remain present before the trial court on each date xed, either personally or through their counsel. In case of their absence, without suEcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the 5 date xed 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 applicants shall remain present, in person, before the trial court on the dates xed 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 applicants are deliberate or without suEcient 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. 9. OEce is directed to send a certied copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil