1 2025:CGHC:50842 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8070 of 2025 Abhay Raxel S/o. Bharat Raxel, Aged About 19 Years R/o. Marhi Mata Mandir, Near Mekahara Hospital, Police Station Maudhapara, Raipur, Tahsil And District Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Mana Camp Raipur, District – Raipur (C.G.) ---- Non-applicant For Applicant : Mr. Dashrath Kushwaha, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.10.2025 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. 153/2025, registered at Police Station – Mana Camp Raipur, District – Raipur (C.G.) for the offence punishable under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the complainant has made complaint to the concerned Police Station that on the date of incident when he was RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 coming by his Active Vehicle from his friend house to village Baroda and when he reached at near VIP road Canal and at that time one unknown person came there and looted the amount of Rs. 7,600/- from his pocket and thereafter, he run away from the spot. Based on the such complaint, the Police registered the crime against the unknown person and during the course of investigation, the applicant was arrested by the Police on the basis of memorandum statement. Hence, this application. 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 are 2 criminal antecedents registered against the applicant which are pending. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that no such seizure has been made from the possession of the applicant, and the co-accused has been granted bail by this Court vide order dated 14.08.2025 in MCRC No.6455/2025. The applicant is in jail since 11.07.2025 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 are 2 criminal antecedents registered against the present applicant which are pending, and the charge-sheet has been filed in this case. It is further submitted that the applicant has looted an amount of Rs. 7,600/- from pocket of the complainant and run away, 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 the fact that 3 though there are 2 criminal antecedents registered against the present applicant which are pending and charge-sheet has been filed against the applicant, but the fact that no such seizure has been made from the possession of the applicant, and the co-accused has been granted bail by this Court vide order dated 14.08.2025 in MCRC No.6455/2025, and the applicant is in jail since 11.07.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Abhay Raxel, involved in Crime No. 153/2025, registered at Police Station – Mana Camp Raipur, District – Raipur (C.G.) for the offence punishable under Section 309(6) of the 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. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of 4 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 Rajshekhar