1 2025:CGHC:61077 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9042 of 2025 Aniket Tiwari S/o Late Shrikant Tiwari Aged About 19 Years R/o Kapil Nagar, Gali No. - 3, P.S. - Sarkanda, District - Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House OfÏcer Thana - Sarkanda, District - Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Sanjay Patel, Advocate. For Non-Applicant/State : Mr. Swajeet Singh Ubeja, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.12.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 1092/2025 registered at Police Station- Sarkanda, District - Bilaspur, (C.G.) for the offence punishable under Sections 126(2), 119(1), 296, 351(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act. 2. The prosecution story, in brief, is that the complainant works at Bilasa Blood Bank. On 11.08.2025, after completing his duty, the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 complainant was returning home on a motorcycle along with his friend, Chandra Kumar Patel. It is alleged that near the complainant’s house, the applicant and co-accused Raunak Sahu intercepted them and demanded money for liquor by allegedly placing a knife on their throats. However, the complainant and his friend, Chandra Kumar Patel, somehow managed to escape from the spot and saved their lives. On the basis of the complainant’s report, the police conducted an investigation and arrested the applicant and co-accused Raunak Sahu. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant is a Class-12 student and is dependent upon his widowed mother and aged grandparents. There is not even an iota of evidence to suggest his involvement in the alleged offence, yet he has been in judicial custody since 11.08.2025 for more than two months. He further submits that the complainant has filed an application before the learned trial Court stating that he has no objection if the applicant is enlarged on bail, a copy of which is filed as Annexure A/3. He further submits that the present applicant has 02 criminal antecedents which are pending, explained in afÏdavit of the bail application. He further submits that the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the present bail application and submits that the prosecution story clearly discloses 3 that on 11.08.2025, the applicant, along with co-accused Raunak Sahu, intercepted the complainant and his companion near the complainant’s house, threatened them by putting a knife to their throats, and demanded money for consumption of liquor. It is further submitted that the offence involves use of a deadly weapon and serious threat to life, and the complainant and eyewitness have consistently supported the prosecution version. He further submits that the present applicant has 02 criminal antecedents which shows that he is a habitual offender, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that though the applicant, along with co-accused Raunak Sahu, intercepted the complainant and his companion near the complainant’s house, threatened them by putting a knife to their throats, and demanded money for consumption of liquor and has 02 criminal antecedents which are pending, but criminal antecedents are explained in the afÏdavit filed by the learned counsel for the applicant, the applicant is a Class-12 student and is dependent upon his widowed mother and aged grandparents and the charge- sheet has been submitted before the competent Court and he is in jail since 11.08.2025, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 4 7. Let the Applicant – Aniket Tiwari, involved in Crime No. 1092/2025 registered at Police Station- Sarkanda, District - Bilaspur, (C.G.) for the offence punishable under Sections 126(2), 119(1), 296, 351(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act, be released on bail on furnishing 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 sufÏcient 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 court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 5 (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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan