1 2025:CGHC:53907 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8763 of 2025 Ashik Ali @ Raja S/o Mohd. Kalim Aged About 34 Years R/o Main Market Khongapani, Police Station Jhagarakhand, District Manendragarh-Chirmiri- Bharatpur C.G. ... Applicant Versus State Of Chhattisgarh Through The Station House Officer, Police Station Manendragarh, District Manendragarh-Chirmiri-Bharatpur C.G. ... Non-applicant For Applicant : Mr. Sunil Kumar Verma, Advocate For Non-applicant : Mr. Amit Verma, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 04/11/2025 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. 108/2025 registered at Police Station - Manendragarh, District – Manendragarh-Chirmiri-Bharatpur (C.G.), for the offence punishable under Section 304 (2) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case is that, the complainant namely, Meera Verma filed a report at the Manendragarh Police Station alleging that on 21.06.2025 at about 01:00 P.M., when the complainant was returning from Grocery Shop to her house and had reached near a School, an unknown motorcyclist came 2 and snatched away her bag. The complainant’s bag was containing a mobile phone and an amount of Rs. 4250/-. Based on the complainant's report, an offense under Section 304 (2) of the Bhartiya Nyaya Sanhita, 2023 was registered, and during investigation, the applicant was arrested on 30.08.2025. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He submits that no test identification parade of the applicant was conducted and she has also not made any specific allegation against him. He submits that seizure of two currency notes of Rs. 500/- denomination was seized from the possession of the applicant, however, they are not proved to be of the complainant. Applicant has been been impleaded in the crime only on the basis of suspicion and there is no material against the applicant in the charge-sheet. So far as the criminal antecedents registered against the applicant is concerned, he submits that there are three criminal antecedents (Crime No. 148/2025, P.S. Manendragarh and Crime No. 130/2025, Ps. Jhagrakhand and Crime No. 108/2025, P.S. Manendragarh) in which, the applicant has been granted bail in one of the case against him. Applicant is in jail since 30.08.2025, conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. However, he do not dispute the submission of counsel for the applicant with regard to the description of criminal antecedent against him and further, he submits that there specific allegations against the applicant of committing robbery with the complainant. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case and further the fact that the charge-sheet has already been submitted before the competent Court in the present case and offence is triable by Judicial Magistrate, the applicant is in jail since 30.08.2025, conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Ashik Ali @ Raja, involved in Crime No. 108/2025 registered at Police Station - Manendragarh, District – Manendragarh- Chirmiri-Bharatpur (C.G.), for the offence punishable under Sections 304 (2) of the Bhartiya Nyaya Sanhita, 2023, 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 sufficient cause, the trial court may proceed against his 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 his, in accordance with law, under Section 209 of the 4 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 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 trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY