1 2025:CGHC:50095 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7933 of 2025 Vivek Singh Rajput S/o Late Amar Singh Rajput Aged About 25 Years R/o Purana Ghasidas Chowk, Podibahar, P.S. Civil Line, Rampur, Distt. Korba, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Bango, Distt. Korba, Chhattisgarh. ... Non-applicant(s) For Applicant : Mr. Anil Gulati, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/10/2025 1. This is the first bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 78/2025 registered at Police Station- Bango, District- Korba (C.G.), for the offence punishable under Sections 309(4), 309(6), 111(2)(B) and 310(2) of Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that, the FIR was lodged by one Roshan Lal Netam before the Police Station Bango, District Korba KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 alleging therein that he is working as a driver and presently he performing the work under one Vaibhav Nanda and on 16-05-2025, he along with his helper Dinesh Sahu loaded the High-bride paddy in the truck and were going from Purur to Ambikapur and on 21-05- 2025, when they were going towards Ambikapur to Kondagaon after loading the paddy and reached nearby Chotiya Toll Plaza, they stopped their truck and when they again started their journey, just prior to one Basti, the tyre of the truck got busted and when they were trying to changed the tyre, at about 2.30 to 3.00 AM, a Car came from the back side and one of the person came near them and asked for the water and thereafter 2-3 persons came there and assaulted them. It is further alleged that the persons looted the amount of Rs.40,000/- and mobile etc. On the basis of FIR lodged by the complainant, the police registered the crime against the unknown person and during the course of investigation, the police recorded the memorandum statement of Sumit Rajak in which he stated that he along with other co-accused person looted the complainant and subsequently the memorandum statement of applicant and other co-accused person were recorded and from the possession of applicant, a sum of Rs.900/- has been seized and subsequently the applicant and other co-accused person have been arrested for the allege offences. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He further submits that the entire case of prosecution is based upon the memorandum statement of the co-accused as well as the applicant 3 but nothing has been seized from the possession of present applicant, apart from Rs.900/- cash which was kept by the applicant for his personal expenses, so nothing incriminating article has been seized from the possession of present applicant. He further submits that the applicant is young person aged about 25 years of age and he is languishing in jail from 26-05-2025 and the trial is likely to take much time for its conclusion, so looking to the detention period of applicant, this Court may kindly be pleased to allow the regular bail application of the applicant. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that from perusal of the case diary, it appears that during investigation, on confidential information, accused Sumit Rajak and Vivek Singh Rajput were interrogated. They disclosed that on 22.04.2025, along with Prem Chauhan, Vishnu alias Tikki, and Avinash alias Avi, they jointly assaulted the truck driver and helper and committed robbery using Vivek’s JEST car (CG-12-AS-9233). Accordingly, Sections 111(2)(b) and 310(2) BNS were added. From the accused persons, cash, looted articles, the car used in the offence, and an iron rod were seized. All five accused were arrested on different dates, while one co-accused, Avinash alias Avi, remains absconding and a farari panchnama has been prepared against him. The offences are serious and pre-planned, involving joint participation and recovery of looted property. The material on record clearly establishes the applicant’s involvement. Hence, the applicant is not entitled for grant of bail. 4 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 levelled against the applicant and the recovery made by him and further the fact that in the present case, charge-sheet has been filed before the competent Court and the applicant has only one previous criminal antecedent and he is in jail since 26.05.2025, the conclusion of the trial will take some more time, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Let the applicant – Vivek Singh Rajput, involved in Crime No. 78/2025 registered at Police Station- Bango, District- Korba (C.G.), for the offence punishable under Sections 309(4), 309(6), 111(2)(B) and 310(2) of Bhartiya Nyaya Sanhita, 2023, 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 5 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. (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 for necessary information and compliance. dirurt fo forthwith. - S/- S Sd/- (Ramesh Sinha) Chief Justice Kunal