1 2025:CGHC:6535 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1033 of 2025 Yuvraj Mahilange S/o Rajkumar Mahilange Aged About 30 Years R/o Arya Nagar Kohka Supela Near Sheetla Lake Distt.- Durg, C.G. ... Applicant versus The State of Chhattisgarh Through The Station House OfÏcer, Police Station Jamul, District- Durg, C.G. ... Non-Applicant For Applicant : Mr. Shreyansh Pathak, Advocate. For Non-Applicant : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 336/2024, registered at Police Station : Jamul, District- Durg, (C.G.) for the offence punishable under Sections 309(4), 238(a) of Bhartiya Nyay Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant, Santosh Baghel, lodged a report at Police Station Jamul on 05.09.2024, stating that on the same day, his son, Kunal Baghel, was returning home on his Dolwyn Ranger cycle after playing volleyball at BSP Pant Stadium. At around 9:30 PM, when he RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.02.06 11:06:06 +0530 2 reached near a small stream on the Kurud to Kachandur road, two persons on a motorcycle approached him. They followed him, used the upper dipper of their headlight to momentarily blind him, and then struck the cycle’s tire with a wooden stick, causing him to stop. The assailants then looted an Oppo mobile phone worth Rs. 17,000/- (including a SIM card) from his hand, along with his Dolwyn Ranger cycle. The boy ran to a nearby farmhouse and informed his father about the incident. Based on the report, the police registered an FIR, arrested the applicant, recorded his memorandum, and seized the stolen items as well as a cash amount. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that the FIR was registered against the unknown person and the name of the applicant is not mentioned in the FIR, only on the basis of doubt after recording memorandum statement, applicant was arrested. He further submits that only cash amount has been seized from the applicant no mobile phone and cycle has been seized from the applicant. He further submits that the present applicant has no previous criminal antecedents and he is in jail since 07.09.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail in the present case. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge 3 sheet has been submitted before the competent Court. He further submits that the present applicant along with co-accused persons on a motorcycle approached complainant’s son. They followed him, used the upper dipper of their headlight to momentarily blind him, and then struck the cycle’s tire with a wooden stick, causing him to stop. The assailants then looted an Oppo mobile phone worth Rs. 17,000/- (including a SIM card) from his hand, along with his Dolwyn Ranger cycle. He further submits that the present applicant has 01 previous criminal antecedent under the gambling Act, therefore, the present applicant is not entitled to be granted regular bail in this case. 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 applicant and though the applicant has been implicated solely on the memorandum statement of co-accused, and cash amount has been seized from the possession of the present applicant but, no mobile phone and cycle has been seized from the applicant and the charge sheet has been submitted before the competent Court and he has only 01 previous criminal antecedent and the applicant is in jail since 07.09.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this first bail application. 7. 7. Let applicant, Yuvraj Mahilange, involved in Crime No. 336/2024, registered at Police Station : Jamul, District- Durg, (C.G.) for the offence punishable under Sections 309(4), 238(a) of Bhartiya Nyay 4 Sanhita, 2023, be released on bail on furnishing 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 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 5 opinion of the trial court absence of the applicant is 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