1 2025:CGHC:7561 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1210 of 2025 Mohd. Akbar Khan S/o Abdul Jabbar Khan Aged About 36 Years R/o Gandhi Nagar Ward No. 22 Jagdalpur P.S. Kotwali District - Bastar (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Police Station Kotwali District - Bastar (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Pravin Kumar Tulsyan, Advocate. For Non-Applicant(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/02/2025 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. 473/2024 registered at Police Station Kotwali District Bastar (C.G.) for the offence punishable under RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.02.13 11:14:08 +0530 2 Sections 309(6), 3(5) and 311 of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Section 25, 27 of Arms Act. 2. Case of the prosecution, in brief, is that when the complainant was heading to Dalpat Sagar on the night of October 13, 2024, the applicant and others allegedly looted him and his friend, they have stolen two mobiles and Rs.5,500/- in cash. The police investigated and arrested the applicant and co-accused, seizing Rs.500/- from the applicant's possession. After a thorough investigation, they filed a charge sheet. 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 there is seizure of only Rs.500/- has been made from the present applicant and no injury caused to the victim, as per Medical Report. The applicant is in jail since 19.10.2024, there are total three FIRs have been registered against the applicant i.e. Crime Nos.473/2024 (present case), 474/2024 and 475/2024, out of which in case Crime No.475/2024, the applicant has already been granted bail by learned trial Court, 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 alongwith other co-accused persons had committed loot of two mobile phones and cash of Rs.5,500/- from the possession of complainant, further 3 there is seizure of Rs.500/- from the present applicant and the applicant has two criminal antecedents, which are registered as case Crime Nos. 474/2024 and 475/2024, 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 19.10.2024, the fact that though the applicant alongwith other co-accused persons had committed loot of two mobile phones and cash of Rs.5,500/- from the possession of complainant and there is seizure of Rs.500/- from the present applicant, but there are total three FIRs registered against the applicant i.e. case Crime Nos.473/2024 (present case), 474/2024 and 475/2024, out of which in case Crime No.475/2024, the applicant has already been granted bail by the trial Court and against case Crime No.474/2024, the applicant has preferred MCRC No.1204 of 2025, which is also listed today and the same is allowed today itself by this Court, charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Mohd. 7. Let the Applicant-Mohd. Akbar Khan, involved in Crime No. 473/2024 registered at Police Station Kotwali District Bastar (C.G.) for the offence punishable under Sections 309(6), 3(5) and 311 of BNS and Section 25, 27 of Arms Act, 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 4 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rahul Dewangan