1 2025:CGHC:53414 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7690 of 2025 Ramratan Patel S/o Mono Lal Patel Aged About 27 Years R/o Village Mauhadih Police Station Birra District Janjgir Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer Of Police Station Tamnar, District Raigarh, Chhattisgarh ... Respondent For Applicant : Ms. Raashi Tiwari, Advocate. For Respondent/State : Shri Nitansh Jaiswal, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/10/2025 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.170/2025 registered at Police Station Tamnar, District Raigarh (CG) for the offence punishable under Sections 309(4), 309(6) and 310(2) of Bhartiya Nyaya Sanhita, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.01 17:56:07 +0530 2 2. Case of the prosecution, in brief, is that, it is alleged by prosecution that the present applicant with other co-accused looted trailers and mobile phones on the alleged dated 17.08.2025, the applicant was arrested on 19.08.2025 by Police Station Tamnar, District- Raigarh, Chhattisgarh at Crime No. 170/2025 for the offence punishable under Section 309(4), 309(6) and 310(2) of The Bhartiya Nyaya Sanhita, 2023. Hence this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case; he was not named in the FIR. She would submit that co-accused Jitendra Giri has already been granted bail by the trial court. She would further submit that the alleged trailer (CG 12 BQ 0374) belongs to co-accused Aman Goswami, and the dispute is between the complainant and the said co-accused; the applicant has no role in the alleged offence and the applicant was only a former driver of the co-accused and has been wrongly involved. She would submit that the applicant is in jail since 19.08.2025, he has no criminal antecedents and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. 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, nature of allegation levelled against the applicant, co-accused, namely Jitendra Giri, has already been granted regular bail by the trial court, period of detention of the applicant since 19.08.2025 and also considering the fact that trial is likely to take some time for its 3 conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Ramratan Patel, involved in Crime No.170/2025 registered at Police Station Tamnar, District Raigarh (CG) for the offence punishable under Sections 309(4), 309(6) and 310(2) of Bhartiya Nyaya Sanhita, 2023, 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 sufficient 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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri