1 (MCRC No. 672 of 2025) 2025:CGHC:4456 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 672 of 2025 1 - Ajay Sagar S/o Shri Ramesh Kumar Sagar, Aged About 23 Years R/o- Village- Mudipaar, P.S. And Tahsil-Pithora, Distt.- Mahasamund (C.G.) --- Applicant(s) versus 1 - State Of Chhattisgarh Through The P.S. - Pithora, Distt. Mahasamund (C.G.) --- Non-applicant(s) (Cause title taken from Case Information System) For Applicant :- Mr. Mirza Keshar Baig, Advocate on behalf of Mr. Jameel Akhtar Lohani, Advocate For Non-applicant/State :- Ms. Monika Thakur, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 24.01.2025 1. This is the First bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 227 of 2024 registered at Police Station : Pithora, District – Mahasamund (C.G.) for the offence punishable under Section 309(6) of Bhartiya Nyaya Sahita, 2023. ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.01.25 14:03:08 +0530 2 (MCRC No. 672 of 2025) 2. The prosecution case, in brief, is that on 13.11.2024 at around 20.30 hrs the applicant assaulted the complainant Mukesh Yadav and stole his mobile phone, motorcycle and cash amounting to Rs.16,000/-. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in the present case. As the investigation has already been completed and no article has been seized as per memorandum from the exclusive possession of the applicant. It is further submitted that the applicant is 23 years of age and is in jail since 21.11.2024 i.e. for more than two months and conclusion of trial will take some time, therefore, he prays that the applicant be enlarged on bail. 4. Learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this matter and there is one criminal antecedent of the applicant registered as Crime No.11/2022 for offence under Section 36(c) of Excise Act and he does not deserve to be released on bail at this juncture. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence and also considering the fact that the applicant is in jail since 21.11.2024 i.e. for more than two months and trial is likely to take sometime for its conclusion, I 3 (MCRC No. 672 of 2025) am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Ajay Sagar involved in Crime No.227 of 2024 registered at Police Station : Pithora, District – Mahasamund (C.G.) for the offence punishable under Section 309(6) of Bhartiya Nyaya Sahita, 2023, be released on bail on him furnishing a personal bond with two local 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 sufficient cause, the trial court may proceed against him under Section 269 of the Bhartiya Nyaya Samhita. (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 Bhartiya Nyaya Samhita. 4 (MCRC No. 672 of 2025) (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 concerned trial Court forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice @d!t!