1 2025:CGHC:7323 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1155 of 2025 Aman Maratha S/o Shri Ashok Maratha Aged About 21 Years Occupation Business, R/o Mohd. Babupara, Ward No.- 33, P.S. Sadar Kotwali, Ambikapur, Tahsil - Ambikapur, District- Sarguja, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station Surajpur, District- Surajpur (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Rahul Goswami, Advocate. For Non-Applicant(s) : Smt. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/02/2025 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. 557/2024 registered at Police Station Surajpur, District- Surajpur (C.G.) for the offence punishable under Sections 296(B), 115(2), 310(2) and 109(1) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on 02.10.2024, the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 complainant, Anuj Kumar Awasthi went to a program at Old Bus Stand, Bazarpara, Surajpur, but due to the crowd, he went to the roof of the complex. There, he met the applicant and other co- accused persons, who started abusing him with filthy language. When Anuj asked them to stop, one of the co-accused persons, namely, Sandeep assaulted him, took Rs.1500/-from his shirt pocket, and snatched a gold chain from his neck, then pushed him off the roof. Even after Anuj fell and apologized repeatedly, co- accused Sandeep and other co-accused persons continued beating him by kicks and fists, causing serious injuries to his hands, feet, and head. Thereafter, the offence has been registered against the applicant other co-accused persons. 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 main accused person, who has assaulted the injured and from whose possession Rs.1500/- has been recovered, namely, Sandeep Sahu has already been granted regular bail by this Court vide order dated 24.01.2025 in MCRC No.8981 of 2024, copy of which is annexed as Annexure A-2, whereas present applicant has not caused any injury to the injured and no recovery has been made from him. The applicant is in jail since 11.12.2024, the applicant has no criminal antecedent, 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 3 application and submits that the charge-sheet has been filed in the present case. She further submits that applicant alongwith other co- accused persons have snatched gold chain of complainant, assaulted him and took Rs.1500/- from him, which was recovered from the possession of co-accused, Sandeep Sahu, 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, period of detention of the applicant since 11.12.2024, the fact that the co-accused Sandeep Sahu, who assaulted the injured and from whose possession Rs.1500/- was recovered has already been granted regular bail by this Court vide order dated 24.01.2025 in MCRC No.8981 of 2024, copy of which is annexed as Annexure A-2, so far as present applicant is concerned, there is no recovery from his possession nor did he cause any injury to the injured, further the case of the present applicant is on better footing to that of the co-accused, charge- sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Aman Maratha, involved in Crime No. 557/2024 registered at Police Station Surajpur, District- Surajpur (C.G.) for the offence punishable under Sections 296(B), 115(2), 310(2) and 109(1) of 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:- 4 (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 Akhil