1 2025:CGHC:56469 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8424 of 2025 Ramcharan Sahu S/o Late Shri Deendayal Sahu Aged About 23 Years R/o Kopedih, Thana - Somani, Tahsil And District - Rajnandgaon (C.G.) ... Applicant versus State of Chhattisgarh Through, Station House OfÏcer, Police Station- Somani Distt.- Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, 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. 221/2025 registered at Police Station : Somani, District Rajnandgaon (C.G.) for the offence punishable under Sections 309(4), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act. 2. The prosecution story in short is that on 24.09.2025, the complainant, Ravi Kumar Verma, lodged a complaint at Somani Police Station stating that on 14.09.2025 at about 01:30 p.m., four unknown persons came near Marspota Dham, Village Jhurdabari, and stopped him. When he ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.20 12:00:41 +0530 2 stopped his motorcycle on the roadside, one motorcycle was stopped in front of him and another behind him. All four persons got down from their motorcycles and approached him; two of them were holding large knives. One of them placed a knife on his neck and threatened to kill him if he did not hand over whatever he had. They then robbed him of his purse, two Vivo mobile phones, a silver chain worn around his neck, and the watch on his wrist. While fleeing, he noticed the registration number of their motorcycle: CG-08-AF-5295. The victim had Rs. 1,700/- in his purse along with his Aadhaar card, driver’s licence, and PAN card. On the basis of the aforesaid report, Police Station Somani, District Rajnandgaon, registered Crime No. 221/2025 under Sections 309(4) and 3(5) of the BNS, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the incident allegedly took place on 14.09.2025, whereas the FIR was lodged on 24.09.2025, after an unexplained delay of 10 days. Such inordinate delay in reporting a serious offence like armed robbery casts serious doubt on the truthfulness of the prosecution case and indicates afterthought and consultation. Hence, the prosecution story appears concocted. He also submits that the applicant has been arrested merely on suspicion. No direct or indirect evidence has been collected by the police against him. Although the police have arrested four persons in this case, there is no material implicating the present applicant. He further submits that the present applicant has no criminal antecedents and he is in jail since 26.09.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of 3 the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents. Also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 26.09.2025 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Ramcharan Sahu, involved in Crime No. 221/2025 registered at Police Station : Somani, District Rajnandgaon (C.G.) for the offence punishable under Sections 309(4), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act, be released on bail on furnishing a personal bond with two sureties in the like amount 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 sufÏcient cause, 4 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 sufÏcient 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. OfÏce 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 Abhishek