1 2025:CGHC:9186 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1064 of 2025 1 - Panna Kurre S/o- Ram Kisun Kurre, Aged About 40 Years R/o- Pipariya, Sipathpara, P.S.- Pasan, District- Korba ( C.G.). 2 - Vijay Kumar Aadile, S/o- Sudharam Aidile, Aged About 45 Years R/o Village- Kurma, P.S.- Baloda, District- Janjgir ( C.G.). 3 - Shyam Ratan Soni S/o Bharat Lal Markam Aged About 49 Years R/o Sirmina, Out- Post Korbi, P.S. Pasan, District- Korba, ( C.G. ). ... Applicant versus State of Chhattisgarh Through- S.H.O. Police Station – Udaipur, District – Sarguja ( C.G.). ---- Non-applicant For Applicant : Mr. Pushkar Sinha, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 179/2024, registered at Police Station – Udaipur, District – Sarguja (C.G.) for the offence punishable under Sections 309, 310(2) and 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS). RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 2. The case of the prosecution, is that Nawal Kishore Jaiswal lodged written report and alleged that on 10.08.2024 with his friend at village Dandgaon for watching the plot for purchase, and the owner of the land in his motorcycle taken him alone to see the land, at that time, tow unknown persons in motorcycle came there and by showing knife looted Rs. 3,06,500/- and one gold chain, mobile phone, Aadhaar Card, Pan Card and thereafter they fled away from that place and at the time of incident one lady was also present there and after the incident she fled away with accused, thereafter, upon report of the complainant, an offence under Section 309 of the BNS has been registered and during the investigation the applicant along with other co-accused has been arrested. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there is 01 criminal antecedents registered against the applicant No.1, in which he is on bail, 01 criminal antecedent of the applicant No.2 and 01 criminal antecedent of applicant No.3. It is further submitted that the charge-sheet has been filed in this case. The applicants are in jail since 14.08.2024, 01.10.2024 and 10.10.2024, respectively, and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is 01 criminal antecedents registered against the applicant No.1, in which he is on bail, 01 criminal antecedent of the applicant No.2 and 01 criminal antecedent of applicant No.3, and the charge-sheet has been filed in this case. It is further submitted that Nawal Kishore Jaiswal lodged written report and alleged that on 10.08.2024 with his friend at village Dandgaon for watching the plot for 3 purchase, and the owner of the land in his motorcycle taken him alone to see the land, at that time, tow unknown persons in motorcycle came there and by showing knife looted Rs. 3,06,500/- and one gold chain, mobile phone, Aadhaar Card, Pan Card and thereafter they fled away from that place and at the time of incident one lady was also present there and after the incident she fled away with accused, thereafter, upon report of the complainant, an offence under Section 309 of the BNS has been registered and during the investigation the applicant along with other co-accused has been arrested, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is 01 criminal antecedents registered against the applicant No.1, in which he is on bail, 01 criminal antecedent of the applicant No.2 and 01 criminal antecedent of applicant No.3, charge-sheet has been filed against the applicant, the applicant is in jail since 14.08.2024, 01.10.2024 and 10.10.2024, respectively, and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Panna Kurre, Vijay Kumar Aadile and Shyam Ratan Soni, involved in Crime No. 179/2024, registered at Police Station – Udaipur, District – Sarguja (C.G.) for the offence punishable under Sections 309, 310(2) and 318 of the 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 4 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 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar