1 2025:CGHC:53138 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8614 of 2025 1 - Raja Kannauje S/o Rakesh Kannauje Aged About 20 Years R/o Tandan Chowk Near Lakdi Tal, Kashiram Nagar, P/s Telibandha , District - Raipur (C.G.) 2 - Rocky Tandi S/o Shashikant Tandi Aged About 19 Years R/o Seema Nagar Gali No. 7, Near Manish Kirana Store, District- Raipur (C.G.) 3 - Rahul Goundhare S/o Dharmendra Goundhare Aged About 20 Years R/o Masjid Gali, Near Sheetla Mata Mandir, Kashiram Nagar, District- Raipur (C.G.) ... Applicants versus State Of Chhattisgarh Through P/s Rajendra Nagar, Raipur (C.G.) ... Respondent For Applicants : Mr. Lukesh Kumar Mishra, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 30.10.2025 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 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.31 12:24:35 +0530 2 applicant who has been arrested in connection with Crime No. 55/2025 registered at Police Station – Rajendra Nagar District - Raipur (C.G.), for the offences punishable under Section 311 of BNS. 2. The prosecution story an oral complaint was lodged by the complainant that on 21.03.2025 at about 5.15 AM, six unknown persons snatched a mobile phone from him on knife point. Upon such complaint FIR bearing no 55/2025 was registered at the concerned PS where after the applicants were arrested during the court of investigation. It is imperative to mention here that the applicants were arrested only on the basis of suspicion as no description regarding the identity, facial features or identification of the vehicles used in the alleged incident was given by the complainant. Further the place of incident happens to be a busy road despite which there is no eyewitness of the incident. After their arrest the applicants were remanded to judicial custody and after culmination of investigation charge-sheet has been filed. 3. The applicants respectfully submit that they have not committed any offence as alleged and have been falsely implicated in the present case. The entire prosecution story is false, baseless, and fabricated, being founded on incorrect facts created by the police authorities. The applicants were arrested merely on the basis of suspicion, without any specific description regarding their identity, facial features, or the vehicle allegedly used in the incident as provided by the complainant. The alleged incident took place on a busy road, yet no eyewitness has been cited. It is pertinent to mention that a co-accused in a similar situation has already been granted bail by this Hon’ble Court in MCRC 3 No. 7529/2025 vide order dated 18.09.2025, a copy of which is annexed as Annexure A/4. The applicants were arrested by Police Station Rajendra Nagar, Raipur (C.G.) on 04.04.2025 under Section 311 of the BNS and have been in judicial custody since then. As the charge-sheet has already been filed, therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand, learned State Counsel appearing for the State/non-applicant opposed the bail application and submitted that in the present case, the charge-sheet has already been filed before the competent Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and the fact that the co-accused person has already been granted bail vide order dated 16.09.2025 in MCRC No. 7529 of 2025, further considering that the charge-sheet has already been submitted before the competent Court and the applicants have been in jail since 04.04.2025, and as the conclusion of the trial is likely to take some more time, this Court is of the view that the present applicants are entitled to be released on bail in this case. 7. 7. Let the Applicants – Raja Kannauje, Rocky Tandi & Rahul Goundhare involved in Crime No. 55/2025 registered at Police Station – Rajendra Nagar District - Raipur (C.G.), for the offences punishable under Section 311 of BNS, be released on bail on his furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following 4 conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their 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 applicants 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 applicants are 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 them 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 vaibhav