1 2025:CGHC:56439 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8623 of 2025 Sudhir Beldar S/o Baitu Beldar Aged About 21 Years R/o Chantidih, Bilaspur, District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Sarkanda, District Bilaspur (C.G.) ... Respondent For Applicant : Mr. Sumit Singh Rathore, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 19.11.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 1107/2025 registered at Police Station - Sarkanda District Bilaspur (C.G.), for the offences punishable under Sections 119, 296, 351(2) 308 & 3(5) of the BNS and Sections 25 and 27 of the Arms Act. 2. The prosecution story that the complainant namely Devesh Kumar Kashyap lodged a complaint against the applicant and other co- VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.20 11:56:38 +0530 2 accused alleging that on 14-08-2025 at about 07:00 AM, when the complainant was going for coaching center at Gandhi chowk, there the applicant and other co-accused person stopped him and asked for the lift from him in pursuance of which the complainant dropped them near Ashok Nagar, subsequently they started demanding Rs.700 for consuming liquor from the complainant and started abusing him due to which the complainant transferred the amount online in the bank account of the applicant. Based on the complaint made by him, the police registered the crime against the applicant and during the investigation police recovered pocket knife from the applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that he never demanded any amount from the complainant, and the complaint has been lodged solely due to personal vengeance. The allegations are motivated, pre-planned, and the applicant has no involvement in the alleged offence. The applicant has been in jail since 15.08.2025, and the trial is likely to take considerable time to conclude; moreover, he is not a habitual offender. The applicant is a permanent resident of the address mentioned above, and there is no likelihood of his absconding or evading the process of law. He is ready to furnish adequate surety and undertakes to abide by all terms and conditions that may be imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the applicant has one criminal antecedents and that the charge-sheet has already been filed in the 3 present case, therefore, applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the submissions made by learned counsel for the parties, nature and gravity of allegation levelled against the applicant and the fact that the applicant has one previous antecedents and also considering the fact that the charge-sheet has been filed and he has been in jail since 15.08.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let the Applicant – Sudhir Beldar, involved in Crime No. 1107/2025 registered at Police Station - Sarkanda District Bilaspur (C.G.), for the offences punishable under Sections 119, 296, 351(2) 308 & 3(5) of the BNS and Sections 25 and 27 of the Arms Act, be released on bail on his furnishing personal bond with two local 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 his under 4 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. 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 vaibhav