1 2025:CGHC:5614 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 794 of 2025 Indrajeet Vaishnav @ Raja S/o Sushil Vaishnav Aged About 23 Years Resident of Rameshwar Nagar, Near Latiyarin Kirana, Bhanpur, Police Station- Khamtarai, District- Raipur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through- Station House OfÏcer, Police Station- Railway Thana, Raipur, District- Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Aditya Khare, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.01.2025 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. 163/2024 registered at Police Station Railway Thana Raipur, District- Raipur, (C.G.) for the offence punishable under Sections 309(6) and 3(5)of Bharatiya Nyaya Sanhita, 2023. (for short ‘BNS’). 2. Case of the prosecution, in a nutshell, is that on 20.11.2024 (wrongly mentioned as 20.12.2024), the complainant, Shrawan RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.31 11:14:20 +0530 2 Kumar, along with his cousin Shashimohan, was traveling from Kanpur to Durg by Train No. 18204, Betwa Express. On 21.11.2024, while using the washroom on the train, the complainant was washing his hands when an individual standing nearby snatched his mobile phone from his pocket and jumped off the train. Upon realizing this, the complainant attempted to chase the culprit but fell from the train, resulting in the amputation of both his legs. He was immediately taken to the hospital for treatment. When the complainant regained consciousness, he discovered that his mobile phone and Rs. 6,000/- in cash, which were in his pocket, were missing. Based on his report, an offense under Section 309(6) of the Bharatiya Nyay Sanhita (B.N.S.) was registered at Railway Thana, Raipur. During the investigation, the accused, Virendra Sahu @ Golu, along with the present applicant, was arrested on 26.11.2024. Subsequently, an offence under Section 3(5) of B.N.S. was also added. 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 the applicant has not looted the mobile and cash of the complainant and only on the basis of suspicion, the present applicant has been arrested. He further submits that at the time of alleged incident, the applicant was working in RO company, which is evident from the C.C.T.V. footage of Purvi Electric Shop and Sonu Kirana Shop. He also submits that the applicant is in jail since 26.11.2024, the applicant has no criminal antecedents, charge-sheet has been filed and the trial is 3 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 appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that on 21.11.2024, when the complainant using the washroom to wash his hands on the train, the present applicant snatched his mobile phone and cash from his pocket, therefore, the applicant 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, the fact that though when the complainant using the washroom to wash his hands on the train, the present applicant snatched his mobile phone and cash from his pocket, but he has no criminal antecedents and the charge-sheet has been submitted before the competent Court and the applicant is in jail since 26.11.2024, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. 7. Let the Applicant- Indrajeet Vaishnav @ Raja, involved in Crime No. 163/2024 registered at Police Station Railway Thana Raipur, District- Raipur, (C.G.) for the offence punishable under Sections 309(6) and 3(5)of Bharatiya Nyaya Sanhita, 2023, be released on bail on their furnishing a personal bond with two sureties in the 4 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 sufÏcient 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 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 5 deliberate or without sufÏcient 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. OfÏce 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 Rahul Dewangan