1 2025:CGHC:50348 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7966 of 2025 1 - Tarun Nirmalkar (Wrongly Mentioned As Other In The Cause Title Of Impugned Order), S/o. Puran Lal Nirmalkar (Wrongly Mentioned As Puran Lal In The Cause Title Of The Impugned Order), Aged About 22 Years, R/o Marar Para Road, P.S. And District Balod (C.G.) 2 - Ishwer Yadav S/o Richpal Yadav Aged About 22 Years R/o Sanjay Nagar, Balod, District Balod (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, P.S. Balod, District Balod (C.G.) ... Respondent(s) For Applicant(s) : Mr. Prasoon Agrawal, Advocate. For Respondent(s) : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/10/2025 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. 198/2025 registered at Police Station Balod, District Balod (C.G.) for the offence punishable under Sections 309(6), 140(3), AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 126(2), 296, 351(3) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on 14.05.2025 at about 7:30 PM, the applicants, along with co-accused persons, allegedly looted an amount of Rs.5,500/- from the complainant and further abused and assaulted him with hands and fists, which led to the registration of the alleged crime against the applicants and subsequently, they were arrested. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the alleged injury caused to the complainant is simple in nature. Though a sum of Rs.2,000/- has been seized from the applicants, the complainant has not identified it as the looted amount. He also submits that the identically situated co-accused, namely, Priyanshu Dhimar, who is having criminal antecedent has already been granted regular bail by this Court vide order dated 12.09.2025 in MCRC No.7301 of 2025. The applicants are in jail since 16.05.2025, so far as criminal antecedents of the applicants are concerned, applicant No.1 has three criminal antecedents of the years 2022 & 2023 under the IPC and Gambling Act and applicant No.2 has four criminal antecedents of the years 2023 & 2024 under the IPC, further charge-sheet has been filed 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 filed in the present case. She further submits that the applicants along with co-accused 3 persons, looted Rs.5,500/- from the complainant and physically assaulted him by beating him with hands and fists. The applicants are alleged to have actively participated in the commission of the said offence, therefore, they 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 offence, period of detention of the applicants since 16.05.2025, the fact that though the applicants along with co- accused persons, allegedly looted Rs.5,500/- from the complainant and physically assaulted him by beating him with hands and fists, but considering the fact that co-accused, namely, Priyanshu Dhimar, who is also having criminal antecedent has already been granted regular bail by this Court vide order dated 12.09.2025 in MCRC No.7301 of 2025 and the case of present applicants is identical to that of the aforementioned co-accused, as such, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Tarun Nirmalkar and Ishwer Yadav, involved in Crime No. 198/2025 registered at Police Station Balod, District Balod (C.G.) for the offence punishable under Sections 309(6), 140(3), 126(2), 296, 351(3) of Bharatiya Nyaya Sanhita, be released on bail on his 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 file an undertaking to the effect 4 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 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 misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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. 9. 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 Akhil