1 2025:CGHC:60571 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10286 of 2025 Taran Nirmalkar S/o Late Bisru Nirmalkar Aged About 37 Years R/o Nagar Palika Tifra, Tahsil And Distt. Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station- Civil Line, District- Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Amit Kumar, Advocate. For Respondent(s) : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/12/2025 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. 1073/2025 registered at Police Station Civil Line, District- Bilaspur (C.G.) for the offence punishable 2 under Sections 126(2), 296, 115(2), 351(2), 119(2) of BNS. 2. Case of the prosecution, in brief, is that the complainant Durgesh Kumar Tiwari lodged a report stating that on 14.09.2025, he was travelling from Raipur to Korba with his companions Surya Prakash Shah and Vivek Shah in vehicle WB 26 BE 9514. Around 9:30 PM, near Maharana Pratap Chowk, Bilaspur, the accused Taran Nirmalkar allegedly stopped their vehicle, abused them in filthy language, and demanded money. When objected, he assaulted the complainant with fists, snatched and threw the car key, and attempted to pull the gold chain from his neck, causing it to break. It is further alleged that the accused demanded money for liquor, assaulted the complainant on his legs, face and stomach, injured Surya Prakash’s wrist, and slapped Vivek. He also allegedly threatened to throw them off the bridge and kill them. Based on the report, an FIR was registered and during investigation, spot inspection was done, witnesses were examined, and upon interrogation, the accused admitted the offence. He was arrested and is presently in judicial custody. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that no any injury has been sustained by the complainant. The applicant is in jail since 15.09.2025, the applicant has five criminal antecedents, out of 3 which, two cases have been disposed of, in one case applicant has already been acquitted, in one case applicant is not the accused and only one case is pending against the applicant, further charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant is alleged to have stopped the complainant’s vehicle, abused and assaulted him and his companions, attempted to snatch his gold chain, demanded money for liquor, caused injuries to all three victims, and threatened to kill them by throwing them off the bridge. He is further alleged to have five past criminal cases, reflecting habitual involvement in violent and serious offences. Therefore, he is not entitled for grant of bail. 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 and gravity of offence, period of detention of the applicant since 15.09.2025, the fact that though the alleged to have stopped the complainant’s vehicle, abused and assaulted him and his companions, attempted to snatch his gold chain, demanded money for liquor, caused injuries to all three victims, but 4 considering the fact that the complainant has not sustained any injury and the applicant has five criminal antecedents, out of which, two cases have been disposed of, in one case applicant has already been acquitted, in one case applicant is not the accused and only one case is pending against the applicant, further charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Taran Nirmalkar, involved in Crime No. 1073/2025 registered at Police Station Civil Line, District- Bilaspur (C.G.) for the offence punishable under Sections 126(2), 296, 115(2), 351(2), 119(2) of BNS, 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 5 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 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. 9. 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 Akhil