1 2025:CGHC:50927 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7173 of 2025 1 - Rahiman Bhardwaj S/o. Sukhiram Bhardwaj, Aged About 22 Years, 2 - Aditya Singh Sonwani, S/o Ajay Sonwani, Aged About 23 Years, Both R/o Village Amartal, P.S. Akaltara, District Janjgir-Champa (Chhattisgarh) ... Applicants versus State Of Chhattisgarh Through - Station House Officer, Police Station Janjgir, District Janjgir-Champa Chhattisgarh ... Respondent For Applicants : Shri Dashrath Kushwaha, Advocate. For Respondent/State : Shri Bharat Gulabani, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/10/2025 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 applicants who have been arrested in connection with Crime No.705/2025 registered at Police Station Janjgir, District Janjgir- Champa Chhattisgarh for the offence punishable under Sections 309 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.13 19:18:39 +0530 2 (4),126(2), 296, 351(2), 115(2), 3(5) of B.N.S. 2. Case of the prosecution, in brief, is that the complainant has made complaint to the concerned police station alleging inter-alia is that on 10.08.2025 at about 10.30 p.m. he was going by his motorcycle for his work at second factory of village Mudpar from Shyam Agro Power Plant Banari and when he reached at near Mudpar Main Road and at that time the unknowns persons have created dispute with the complainant with regard to overtake cross and thereafter, they have committed loot of mobile from him and thereafter, he run away from the spot. Based upon the such complaint, police has registered the offence u/s. 309 (4),126(2), 296, 351(2), 115(2), 3(5) of B.N.S. against the unknown persons and during investigation, the police has arrested the present applicants on the basis of memorandum of the statement, which has been registered against the applicants and arrested them in connection of this crime. 3. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the instant case. He would submit that only on the basis of merely suspicious, the police has falsely lodged FIR against the present applicants. He would submit that only on the basis of memorandum statement, the applicants have falsely been implicated in this case. He would submit that the charge sheet has been filed in this case, applicant No.1 has no criminal antecedent and applicant No.2 has one criminal antecedent in which he has been acquitted, applicants are in jail since 13/08/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 3 4. On the other hand, learned State Counsel opposes the bail application. 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 of allegation levelled against the applicants, further the fact that applicant No.1 has no criminal antecedent and applicant No.2 has one criminal antecedent in which he has been acquitted, period of detention of the applicants since 13/08/2025, charge sheet has been filed as stated by learned counsel for the applicant at bar and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Rahiman Bhardwaj & Aditya Singh Sonwani, involved in Crime No.705/2025 registered at Police Station Janjgir, District Janjgir-Champa Chhattisgarh for the offence punishable under Sections 309 (4),126(2), 296, 351(2), 115(2), 3(5) of B.N.S., be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on 4 each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants 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 applicants 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 applicants are 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri