1 2025:CGHC:51495 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8298 of 2025 • Ramtosh Alias Ram Sidar S/o Ratiram Sidar Aged About 23 Years R/o Viillage- Panjhar, P.S.- Kotraroad, Raigarh, District- Raigarh Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through- District- Magistrate District- Sakti, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Mayank Mulchandani, Advocate For Respondent/State : Mr. S.S. Baghel, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 73/2025, registered at Police Station – Dhabra, District – Sakti (C.G.) for the offence punishable under Sections 309(4), 331(6), 351(3), 127(2), 310(2), 111(2)(b) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and 25, 27 of Arms Act. 2. The case of the prosecution, is that the complainant/victim has made written report alleging that on 27.02.2025 between 7.40 pm to VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.17 10:54:51 +0530 2 8.00 pm, she was standing in living room of her house and at the same time a white car Innova stopped outside the house and four people covering their face with mask entered in the house of complainant with pistol and knives and they threatened the complainant and tied her hand and mouth with torn towel after that when her nephew Harsh Dansena came, they also tied him up, thereafter three men opened the cupboard of her house and threw all item and one man holding pistol snatched the locker key from the complainant and they took away 1 tola of gold, 2 mobile phone 1 laptop and Rs.8,000/- cash from the house of the complainant and they threatened to kill her husband who is posted as Data Entry Operator in Janpad Panchayat Malkharoda and they tied her and her nephew in the room inside the house and they can ran away. Upon receiving the written complaint from the complainant the police registered the offieces against the applicant. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant and co-accused persons have also been granted bail by this Court in MCRC No.5273 of 2025 vide order dated 08.07.2025, MCRC NO.5673 of 2025 vide order dated 21.07.2025. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 22.03.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against and the charge-sheet has been filed in this case and one pistol has been seized from the possession of the applicant, 3 therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and charge-sheet has been filed against the applicant, applicant has no criminal antecedent, co-accused persons have also been granted bail by this Court in MCRC No.5273 of 2025 vide order dated 08.07.2025, MCRC No.5673 of 2025 vide order dated 21.07.2025, the applicant is in jail since 22.03.2025, and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Ramtosh alias Ram Sidar involved in Crime No.73/2025, registered at Police Station – Dhabra, District – Sakti (C.G.) for the offence punishable under Sections 309(4), 331(6), 351(3), 127(2), 310(2), 111(2)(b) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and 25, 27 of Arms Act, 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. 4 (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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali