1 2025:CGHC:51240 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7606 of 2025 • Kapil @ Goldy S/o Chandresh Kumar Aged About 22 Years R/o Sabji Mandi, Near Mastana Mandir, Chatidih, Police Station Sarkanda, District : Bilaspur, Chhattisgarh ... Applicant versus • State of Chhattisgarh Through Police Station Sarkanda, District : Bilaspur, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) ---------------------------------------------------------------------------------------------------- For Applicant : Mr. Vikas Patel, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.10.2025 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. 1406/2025, registered at Police Station – Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Sections 304(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that complainant namely “Manish VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.16 11:29:57 +0530 2 Yadav” appeared at Police Station Sarkanda on 04.11.2024 and lodged a report that on 04.11.2024 at about 5:30 p.m. when he was traveling in his motorcycle for his work two persons near Naag-Nagin talab in scooty bearing No.C.G.10 AW 3599 stopped him and when he was talking in his phone one of the accused persons snatched his phone and both the accused persons fled away from the place. Thereafter the FIR was lodged. The arrest is totally illegal hence the 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 is one criminal antecedents registered against the present applicant bearing crime No.1020/2025 for the offence under Sections 296, 115(2), 351(2), 3(5) of IPC. He also submits that there is a delay in lodging FIR against the applicant and theft mobile phone has not been recovered from the possession of the applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 29.07.2025 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 is one criminal antecedents registered against the present applicant bearing crime No.1020/2025 for the offence under Sections 296, 115(2), 351(2), 3(5) of IPC and the charge-sheet has been filed in this case and one mobile has been seized from the possession of the applicant, 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. 3 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, the applicant is in jail since 29.07.2025, and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Kapil @ Goldy, involved in Crime No.1406/2025, registered at Police Station – Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Sections 304(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (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 4 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