1 2025:CGHC:53569 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8684 of 2025 Anurag Singh S/o Ramsiya Singh Aged About 20 Years R/o Behind Govt. School, Street No. 8, Ganga Vihar Colony, Amlidih, District Raipur C.G. ... Applicant(s) versus State Of Chhattisgarh Through P.S. New Rajendra Nagar, Dist. Raipur C.G. ... Non-applicant(s) For Applicant : Mr. J.K. Gupta, Advocate For Non-applicant/State : Mr. Bharat Gulabani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.11.2025 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. 55/2025 registered at Police Station-New Rajendra Nagar District – Raipur (C.G.) for the offence under Section 311 of BNS. 2. Case of the prosecution, in brief, is that the complainant made an oral complaint before the concerned Police Station, wherein he stated that on 21.03.2025 in the morning, when he went for a morning walk and at around 05:15 O'clock in the morning near KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Priyadarshini Nagar, Rihajdam Colony were in a motorcycle 03 unknown person in an Activa, 03 other unknown persons came. The rider who was ridding the Activa Vehicle stopped in front of the complainant and one person came near the complainant, the motorcycle rider was standing a distance and two other persons who were in the motorcycle came towards the complainant and one of them showed a knife to the complainant and threatened him to life, thereafter two other persons started checking the locket that the complainant was wearing. Subsequently the unknown person started threatening the complainant for life and took the complainant's phone from his pocket which was of company Real- Me and had a same inside the bearing phone number 9031704155 and 9431753188 SIM, the value of the phone was Rs. around 15,000/-, thereafter the unknown persons went away in their Activa and motorcycle after stealing the complainant's phone. On the basis of the said report an FIR bearing crime No. 55/2025 was registered against the 06 unknown persons for the offence punishable under Section 311 of BNS 2023. During the course of investigation in the aforementioned offence an information was received by way of the control room that such overt act has happened in new Rajendra Nagar and thereafter the permission was taken from the competent Court for the purpose of production warrant dated 04.04.2025, thereafter a formal arrest the application was shown and after completion of investigation and the final charge sheet before the concern trial Court. 3. Learned counsel for the applicant submits that the applicant had no 3 role or knowledge in the alleged crime, and no seizure has been made from his possession. It is further submitted that no test identification parade was conducted, indicating no active involvement of the applicant. The charge-sheet has already been filed, hence, there is no likelihood of tampering with witnesses. It is also pointed out that the co-accused namely Mohammad Taj Khan has been granted bail by this Court vide order dated 18.09.2025 in MCRC No. 7529/2025 (Annexure A-3) and the case of the applicant is similar to that co-accused and the applicant has been in custody since 21.03.2025 and so far as the criminal antecedents of the applicant are concerned, it is submitted that he has two previous criminal antecedents registered under the Bharatiya Nyaya Sanhita (BNS), in which he has already been granted bail, the trial is likely to take considerable time for its conclusion, therefore, the applicant deserves to be enlarged on bail on parity. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that from perusal of the case diary, it transpires that when the complainant had gone for a morning walk, the applicant along with co-accused came on a motorcycle/Activa. One of them stopped the complainant, another threatened him with a knife, and two others attempted to snatch his locket. Thereafter, they forcibly took away his mobile phone (Realme, worth about ₹15,000/-, containing SIM Nos. 90317xxxxx and 94317xxxxx) and fled on their vehicles. Accordingly, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused 4 the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 21.03.2025 and further the fact that the co-accused namely Mohammad Taj Khan has already been granted bail by this Court in MCRC No. 7529/2025, vide order dated 18.09.2025 and the case of the applicant is better than the case of co-accused and so far as the criminal antecedents of the applicant are concerned, he has two previous criminal antecedents registered under the Bharatiya Nyaya Sanhita (BNS), in which he has already been granted bail and the applicant is in jail since 21.03.2025 as such this Court is of the opinion that the present applicant is entitled to be released on bail. 7. Let the applicant – Anurag Singh, involved in Crime No. 55/2025 registered at Police Station- New Rajendra Nagar, Raipur District- Raipur (C.G.), for the offence punishable under Sections 311 of B.N.S, 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 5 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 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 Kunal