1 2025:CGHC:50098 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7918 of 2025 Anish Singh @ Chhuttal S/o Yashwant Singh Aged About 26 Years R/o Village Avrid, Police Station And Tahsil Janjgir, District : Janjgir-Champa, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station Janjgir, District : Janjgir- Champa, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Satyendra Srivas, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, 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 the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 809/2024 registered at Police Station Janjgir, District : Janjgir-Champa (C.G.) for the offence punishable under Sections 309, 3(5) of Bharatiya Nyaya Sanhita (for short AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 ‘BNS’). 2. Case of the prosecution, in brief, is that on 20.10.2024 at around 10:30 P.M., near Lalu Sweet Shop, applicant along with another accomplice allegedly intercepted the complainant, who was carrying a money bag on his motorcycle from Balaji Petrol Pump to the owner’s house, and snatched the bag. Thereafter, both accused fled from the spot on a blue scooty (Activa). Based on the complaint, an FIR was lodged at Police Station Janjgir, District Janjgir-Champa. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence, only on the basis of mere suspicion, present applicant has falsely been implicated in offence in question. He further submits that no seizure of any incriminating article or money has been made from the possession of the applicant. Moreover, no Test Identification Parade (TIP) was conducted by the prosecution to establish the guilt of the accused. The applicant is in jail since 19.03.2025, the applicant has two criminal antecedents of the year 2024 under the IPC, out of which, in one cases, applicant has already been acquitted, 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 applicant. 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 applicant along with another accomplice allegedly intercepted the complainant, who was 3 carrying a money bag on his motorcycle from Balaji Petrol Pump to the owner’s house, and snatched the bag, thereafter, fled from the spot, the applicant was absconded after committed the alleged crime and was arrested on 19.03.2025. She also submits that seizure of Rs.1,500/- has been made from the possession of the applicant, so far as criminal antecedents, of the applicant are concerned, applicant has three criminal antecedents, out of which, two are under the IPC (as mentioned in the bail application) and one is under the Arms Act, therefore, the applicant is 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 applicant since 19.03.2025, the fact that though the applicant along with another accomplice allegedly intercepted the complainant, who was carrying a money bag on his motorcycle from Balaji Petrol Pump to the owner’s house, snatched the bag and fled from the spot, but considering the criminal antecedents of the applicant, seizure made from him, nature of crime and the fact that charge-sheet has been filed in the present case, this Court is of the view that the applicant is 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-Anish Singh @ Chhuttal, involved in Crime No. 809/2024 registered at Police Station Janjgir, District : Janjgir- 4 Champa (C.G.) for the offence punishable under Sections 309, 3(5) of Bharatiya Nyaya Sanhita, be released on bail on his furnishing a personal bond with two heavy sureties, out of which, one of them should be a family member 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 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. 5 9. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment 10. 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