1 2025:CGHC:59533 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8641 of 2025 Mohd. Sameer Alam S/o Mohd. Mahtab Alam Aged About 20 Years R/o Kharsiyan Naka, Near Arju Hotel, Ambikapur, Police Station And Tahsil Ambikapur, District : Sarguja Chhattisgarh ...Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Gandhinagar, District Sarguja Chhattisgarh ... Respondent For Applicant : Shri Nasimuddin Ansari, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/12/2025 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.522/2025 registered at Police Station Gandhinagar, District Sarguja (C.G.) for the offence punishable under Sections 331(6), 140(2), 324(4) GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.09 14:25:28 +0530 2 read with section 3(5) of Bhartiya Nayaya Sanhita. 2. Case of the prosecution, in brief, is that on 07-09-2025 at about 9.00 PM (in the night), the present applicant along with other co-accused persons have knocked the door of the complainant and thereafter entered the house of complainant from the roof and due to the reason of loan amount, the accused persons have abducted the complainant and beaten him from leg, hand and fist and also destroyed the mobile of the complainant and thereafter the accused persons have taken the complainant at Mahamaya Mandir mount and planning to kill the complainant, but when they know that the police have searched the accused person, the accused persons have ran away. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case and there is no material seized from the possession of the applicant. He would submit that the co-accused person has been granted bail by the trial court. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 08/09/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. She would submit that the injury sustained by the complainant is simple in nature. 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, 3 nature of allegation levelled against the applicant, further the fact that co-accused person has been granted bail by the trial court, the injury sustained by the complainant is simple in nature, period of detention of the applicant since 08/09/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its 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- Mohd. Sameer Alam, involved in Crime No.522/2025 registered at Police Station Gandhinagar, District Sarguja (C.G.) for the offence punishable under Sections 331(6), 140(2), 324(4) read with section 3(5) of Bhartiya Nayaya Sanhita, 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 4 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 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