1 2025:CGHC:20514 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3460 of 2025 Deep Saluja S/o Sunil Saluja Aged About 19 Years R/o Behind Hanuman Mandir Garden, Vinoba Nagar, Kranti Nagar, P.S. Tarbahar, District Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Chakarbhatha, District Bilaspur (C.G.) ... Non-Applicant(s) For Applicant : Mr. Manoj Paranjpe, Advocate For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/05/2025 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. 449/2024 registered at Police Station- Chakarbhatha, District- Bilaspur (C.G.), for the offence punishable under Sections 309(6) , 351(4), 3(5) of Bhartiya Nyaya Sanhita. 2. Case of the prosecution, in brief, is that the complainant, Vedant Shukla, lodged a report before the Chakarbhata Police Station on KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 09.10.2024. Wherein he stated that on 02.10.2024, around 7:30 pm, the complainant was driving his Honda car, CG-15-DC- 8500, from Agrasen Chowk, Bilaspur, after getting some meter work done. When he overtook a Mahindra Thar near Ashirwad Valley, the Mahindra Thar's driver overtook him and stopped his car. Two men, including Ankit, got out of the Thar and started beating the complainant. When he tried to call his friend, Rs. 5,000/- fell out of his pocket, which the two men took and fled. Later, Ankit and his younger brother, Anurag, called the complainant and threatened him with abusive language. Based on the complainant's report, a case was registered against Ankit Singh and Anurag Singh under Sections 309(6), 351(4), and 3(5) of BNS and on the basis of memorandum statement of the co-accused, the present applicant has been made accused. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the name of the applicant has come into light of confessional statement of the co-accused namely Ankit Singh who has already been enlarged on bail by this Court in MCRC No. 3210/2025, vide order dated 25.04.2025 and the applicant has not named in FIR further in the present case, charge-sheet has been filed before the competent Court and the applicant has only one previous criminal antecedent, in which he is on bail and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned Panel Lawyer, appearing for the 3 State/non-applicant opposes the the prayer for grant of bail and submits that from the perusal of the case diary, it appears that on 02-10-2024, the complainant, Vedant Shukla, was going home in his car bearing registration number CG-15-DC/8500. While driving on Chhakerbhatha Road, near Ashirwad Valley, a Mahindra Thar driver overtook him and crossed his vehicle. The complainant also overtook the Thar and turned towards the colony. However, the Thar driver stopped the complainant's car and two accused persons, including Ankit Singh, got out of the vehicle and assaulted the complainant. They took Rs. 5,000/- that had fallen from the complainant's pocket and fled the scene and on the basis of memorandum statement of the co-accused Ankit Singh, the present applicant has made accused further, the applicant has one criminal antecedent, which has been explained as such, the involvement of the present applicant appears to be reasonable in this case, hence he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 23.04.2024 and the recovery made from the co-accused and further the fact that the co-accused, who is the main accused namely Ankit Singh has already been granted bail by this Court being MCRC No. 3210/2025, vide order dated 25.04.2025 and the present applicant has been made accused only on the basis of memorandum statement of the co-accused Ankit Singh and in the 4 present case, charge-sheet has been filed before the competent Court further the applicant has one criminal antecedent, in which he is on bail, thus, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Let the applicant – Deep Saluja, involved in Crime No. 449/2024 registered at Police Station- Chakarbhatha, District- Bilaspur (C.G.), for the offence punishable under Sections 309(6) , 351(4), 3(5) of Bhartiya Nyaya Sanhita. 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 5 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. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal