1 / 4 2025:CGHC:59537 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8605 of 2025 Ankush Lalpure S/o Late Shri Durgesh Lalpure Aged About 19 Years R/o Hemunagar, R.N.T. Line, Thana- Torwa, District- Bilaspur (C.G.) ---Applicant versus State Of Chhattisgarh Through Police Station- Torwa, District Bilaspur (C.G.) ---Non-applicant MCRC No. 9650 of 2025 Nitesh Yadav S/o Kishan Yadav Aged About 23 Years R/o Shankar Nagar, Yadav Mohalla, Torwa, Police Station - Torwa, District - Bilaspur Chhattisgarh ---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station - Torwa, District - Bilaspur Chhattisgarh ... Non-applicant For respective Applicants : Mr. Krishna Kumar Khatri and Mr. Ujjwal Choubey, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.12.2025 1. The applicants have preferred this First Bail Application under Section VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.09 11:44:56 +0530 2 / 4 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 430/2025, registered at Police Station : Torwa District – Bilaspur (C.G.) for the offence punishable under Section 309(6) of the BNS. 2. The prosecution story in brief is that on 23.09.2025 the complainant Mehandi Hasan was coming from Hawda to Bilaspur by train and when the complainant reached in Hemunagar Overbridge, one unknown person hit on hand and looted mobile. The report to the above effect was lodged by complainant before the Police Station, Torwa, where the FIR was registered against unknown person and during course of investigation, the applicant and co-accused persons have been arrested on the basis of memorandum. 3. The present applicants are innocent and have been falsely implicated in this matter and applicants have no role in this crime. He submits that applicants belong to poor and rustic families and are the sole breadwinners for their respective families, living below the poverty line (relevant documents annexed as ANNEXURE A/3). One of the applicants has a previous criminal antecedent in Crime No. 158/2020 under Sections 294, 323, 506, and 34 IPC, which has been disposed of by order dated 20.01.2021 (copy annexed as ANNEXURE A/4). The applicants undertake to appear before the trial court during the course of the trial and assure that they will not misuse the liberty granted. The applicants have been in judicial custody since 24.09.2025, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, the learned State Counsel opposes the submissions made by the learned counsel for the applicants and 3 / 4 submits that the present applicants, along with other co-accused persons, committed theft. It is further submitted that applicant No. 1 has two previous criminal antecedents and applicant No. 2 has one previous criminal antecedent, therefore, they are not entitled to be granted regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the submissions made by learned counsel for the parties, further considering the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicants, moreover, the fact that the charge-sheet has been filed before the competent Court and they are in jail since 24.09.2025 and conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants – Ankush Lalpure and Nitesh Yadav involved in Crime No. 430/2025, registered at Police Station : Torwa District – Bilaspur (C.G.) for the offence punishable under Section 309(6) of the BNS, be released on bail on furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following 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. 4 / 4 (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav