1 2025:CGHC:20747 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3333 of 2025 1 - Umesh Dubey S/o Duleshwar Dubey Aged About 19 Years R/o Jogi Nagar, Mohara Road, Basantpur, District Rajnandgaon, Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Khairagarh, District Khairagarh-Chhuikhadan-Gandai (Kcg) Chhattisgarh ... Non-applicant For Applicant : Mr. Siddharth Pandey, Advocate For State : Mr. Nitansh Jaiswal, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 06.05.2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 280/2023 registered at Police Station – Khairagarh, District – KCG (C.G.) for the offence punishable under Sections 341/149, 294, 506-II, 323 and 395 of Indian Penal Code (In short, IPC). VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.08 11:52:42 +0530 2 2. Case of the prosecution, in brief, is that an FIR was lodged by the complainant/Ganeshu Yadav on 13.06.2023 against the applicant and other co-accused persons. It is alleged that the complainant was employed at Shubham K Mart and upon completion of his work for the day, on 12.06.2023 at about 9:45 PM while returning home along with his friend/Vicky Tandon, in a Motorcycle bearing registration No. CG 08 AL 9595 and upon reaching near Village Dapka turning, Khairagarh-Rajnandgaon main road, one person suddenly came in front of their vehicle. The complainant stopped the vehicle and four persons (accused) came there. The applicant along with four other co-accused persons allegedly abused and assaulted the complainant and his friend with hands and fists. Thereafter, it is alleged that the accused persons forcibly looted the complainant's mobile phone Real Me 9 Pro 5G, cash of Rs. 5,000/- (Rupees Five Thousand only), and a silver chain valued at Rs. 1,500/- (Rupees One Thousand Five Hundred only). Additionally, they allegedly snatched a mobile phone POKO C3 and ATM card from Vicky Tandon and also threatened them with a knife and thereafter fled from the scene of the incident. On such a complaint, the FIR was registered under Crime No.280/2023 against five accused persons for the offence punishable under Sections 341, 323 and 395 of the IPC. Thereafter, the charge sheet was filed for the commission of offences punishable under Sections 341, 323, 395 and 411 of IPC. Later, the learned 3 trial Court framed the charges against the accused persons for the offence punishable under Sections 341/149, 294, 506 II, 323 and 395 of IPC. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that co-accused namely Amit Singh in the same crime has already been granted bail by this Hon’ble Court vide order dated 13.11.2024 passed in MCRC No. 7530 of 2024 and Devendra Soni has already enlarged on bail by this Hon’ble Court vide order dated 01.04.2025 in MCRC No.2523 of 2025. It is submitted that the applicant is in jail since 14.06.2023, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel, opposes the bail application and submits that there is no previous criminal antecedent against the present applicant but looking to the aforesaid offences the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and also considering the fact that co-accused namely Amit Singh in the same crime has already been granted bail by this Hon’ble Court vide order dated 13.11.2024 passed in MCRC No. 7530 of 2024 and Devendra Soni has already 4 enlarged on bail by this Hon’ble Court vide order dated 01.04.2025 in MCRC No.2523 of 2025. It is submitted that the applicant is in jail since 14.06.2023, and the conclusion of the trial shall take quite long time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Umesh Dubey, involved in Crime No.280/2023 registered at Police Station Khairagarh, District KCG (C.G.), for the offences punishable under Sections 341/149, 294, 506-II, 323 and 395 of IPC, be released on bail on their 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. 5 (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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali Sd/-