1 2025:CGHC:8152 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1188 of 2025 1 - Kamalkant Nag @ Bittu S/o Naresh Nag Aged About 22 Years R/o Balaud, P.S.- Balauda, Tahsil- Saraipali, District- Mahasamund (C.G.) 2 - Hitesh Padhi S/o Manoj Padhi Aged About 20 Years R/o Balaud, P.S.- Balauda, Tahsil- Saraipali, District- Mahasamund (C.G.) ... Applicants versus State Of Chhattisgarh Through- Station House OfÏcer, Police Station, Saraipali, District- Mahasamund (C.G.) ... Non-applicant For Applicants : Mr. Rudra Pratap Dubey, Advocate For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.02.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 261/2024, registered at Police Station : Saraipali, District- Mahasamund (C.G.) for the offence punishable under Sections 126(2), 296, 309(4), 351(2), 311, 3(5), 310(2), 312(2) of the BNSS, 2023 and Section 25 and 27 of Arms Act. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. The case of the prosecution, in brief, is that on 06.10.2024, the complainant namely Meghnath Parewa lodged a report before the Police Station, Saraipali alleging therein that on 06.10.2024 at about 4.00 AM, the complainant was going to Saraipali by his motorcycle for purchasing vegetable, at that time, 3 persons came in a motorcycle and looted Rs. 7000/- from the complainant and abused him. The complainant has identified the accused Shekhar. On the basis of said complaint, the FIR was registered against Shekhar, Rupanand and Bannu and later on the present applicants have also been arrested on the basis of memorandum of main accused. 3. Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in this case. He further submits that according to the complainant, the loot was committed by three motorcyclists, but the police has arrested 6 accused including present applicants in this case. The police has recovered Rs. 2000/- & Rs. 2000/- from the applicants respectively, which belong to the applicants and in the present case, charge sheet has already been filed and the trial will take considerable time for its conclusion, therefore he prays for grant of bail to the applicants. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court and the applicant No. 1 has one criminal antecedent for offence under Sections 126(2), 309(6), 310(2), 311, 312, 3(5) of BNSS and Section 25 and 27 of Arms Act 3 and the applicant No.2 has no previous criminal antecedent and further Rs. 2000/- was recovered from each of the applicants and one one mobile phone was also recovered from their possession. Accordingly, they are not entitled for grant of bail. 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, nature and gravity of allegation levelled against the applicants and the fact that the applicant No. 1 has one criminal antecedent for offence under Sections 126(2), 309(6), 310(2), 311, 312, 3(5) of BNSS and Section 25 and 27 of Arms Act and the applicant No.2 has no previous criminal antecedent and further Rs. 2000/-cash was recovered from each of the applicants and one mobile phone was also recovered from their possession, which belongs to the applicants and in the present case, charge-sheet has been filed before the competent Court and they are in jail since 11.10.2024 & 28.10.2024 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicants. 7. Let applicants, Kamalkant Nag @ Bittu and Hitesh Padhi, involved in Crime No. 261/2024, registered at Police Station : Saraipali, District- Mahasamund (C.G.) for the offence punishable under Sections 126(2), 296, 309(4), 351(2), 311, 3(5), 310(2), 312(2) of the BNSS, 2023 and Section 25 and 27 of Arms Act, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with 4 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. (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 sufÏcient 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 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 applicant are deliberated or without sufÏcient cause, then it shall be 5 open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. OfÏce 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 Kunal