1 2025:CGHC:52344 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8464 of 2025 Ajay Rahuja S/o Vijay Rahuja Aged About 23 Years R/o Village And Post Tilda, P.S. Tilda Neora, District Raipur (C.G.) (Age Wrongly Not Mentioned In The Impugned Order) ... Applicant(s) versus State Of Chhattisgarh Through The Station House OfÏcer, Police Station Tilda Neora District Raipur (C.G.) ... Non-Applicant(s) For Applicant : Mr. Prasoon Agrawal, Advocate For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/10/2025 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. 358/2025 registered at Police Station- Tilda Neora, District- Raipur (C.G.), for the offence punishable under Section 232(1), 190 of BNS. 2. Case of the prosecution, in brief, is that a written complaint was lodged by the complainant stating that he had received a court KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 summon from the police of Tilda Neora, informing him that he was required to appear in court to give his statement. Accordingly, on the morning of 07.08.2025, he left his home around 10:00 a.m. to attend the Raipur Court in connection with Crime No. 109/2021, registered under Sections 376, 120-B, 450, 506, and 307 of the Indian Penal Code, 1860. It is alleged that, during that time, the applicant along with other co-accused persons went to the house of the complainant and threatened him, who is a witness in the said case, not to give a truthful testimony, thereby attempting to influence the witness. Based upon such, the aforesaid offences have been registered against the applicant along with other co- 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 essential ingredients of the alleged Sections under BNSS, 2023, are not being fulfilled in the instant matter. The applicant is the young person and his entire future is at stake and further the fact that the co-accused person namely Ravikant Verma has already been granted bail in the instant matter by this Court in M.Cr.C. No. 7891/2025, vide order dated 07.10.2025 and further one of the co-accused person namely Deepak Kumar Verma, has already been granted bail by the learned trial Court and the applicant is in jail since 18.08.2025 and so far as the criminal antecedents of the applicant is concerned, the applicant has three criminal antecedents out of which two cases have been disposed off by depositing fine amount and in one case, bond furnished further 3 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 State/non-applicant opposes the bail application and submits the fact the the applicant has three criminal antecedents which have already been explained in the bail application through covering memo and in the present case, charge-sheet has been filed before the competent Court as such, he is a habitual offender. Accordingly, the present applicant 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 18.08.2025 and further the fact that the co-accused person namely Ravikant Verma has already been granted bail by this Court in M.Cr.C. No. 7891/2025, vide order dated 07.10.2025 and further one of the co-accused person namely Deepak Kumar Verma, has been granted bail by the learned trial Court and the case of the applicant is similar to that case of co-accused who have been granted bail and in the present case, charge-sheet has been filed before the competent Court further the applicant has three criminal antecedents which have been explained in the bail application through covering memo thus, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. 7. Let the applicant – Ajay Rahuja, involved in Crime No. 358/2025 4 registered at Police Station- Tilda Neora, District- Raipur (C.G.), for the offence punishable under Section 232(1), 190 of BNS, 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 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. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening 5 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 for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal