1 (MCRC No. 684 of 2025) 2025:CGHC:4458 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 684 of 2025 1 - Vishal @ Kaddu S/o Lovekush Sahu Aged About 21 Years R/o- Sanjay Nagar, Near Durga Pandal, Tahsil And District Korba (C.G.) --- Applicant(s) versus 1 - State Of Chhattisgarh Through P.S.- Urga, District Korba (C.G.) --- Non-applicant(s) (Cause title taken from Case Information System) For Applicant :- Mr. Mirza Kaisher Beg, Advocate For Non-applicant/State :- Mr. Hari Om Rai, 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. 431 of 2024 registered at Police Station : Urga, District – Korba (C.G.) for the offence punishable under Section 309(3), 309(6) & 3(5) 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. 684 of 2025) 2. The prosecution case, in brief, is that in the intervening night of 21.10.2024 the applicant along with three other co-accused persons assaulted the complainant Pushpendra Kumar Choukse and stole his mobile phone, clothes and cash sum of Rs.300/-. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in the present case. Also, in same crime number another co-accused namely Ayush Das Mahant has been enlarged on bail by this Court on 17.01.2025 (Annexure A/2). It is further submitted that the applicant is 21 years of age and is in jail since 23.10.2024 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.2928/2020 for offence under Section 294, 323, 506, 427, 389 & 356 of IPC 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 3 (MCRC No. 684 of 2025) applicant is in jail since 23.10.2024 i.e. for more than two months and another co-accused has been enlarged on bail and that the trial is likely to take sometime for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Vishal @ Kaddu involved in Crime No. 431 of 2024 registered at Police Station : Urga, District – Korba (C.G.) for the offence punishable under Section 309(3), 309(6) & 3(5) 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 4 (MCRC No. 684 of 2025) 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. (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!