1 2025:CGHC:8165 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1331 of 2025 Hansraj Roy S/o Gowardhan Roy Aged About 19 Years R/o Ward No. 07, Navin Chamari, P.S. Mungeli, Tahsil And District Mungeli Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, P.S. Civil Line, Disrict – Bilaspur, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Anchal Kumar Matre, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.02.2025 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. 949/2024, registered at Police Station – Civil Line, Disrict – Bilaspur (C.G.) for the offence punishable under Sections 126(2), 109, 3(5), 310(4)(5), 62 and 311 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that a complaint was lodged at Civil Lines, Police Station that on 05.10.2024 the son of the complainant was returning home at 8 PM, after closing his shop in Vyapar Vihar and was 2 going towards Kundan Palace, when 2 unknown persons came on Motorcycle and stopped him and tried to rob his bag and mobile, on resisting, they stabbed him 34 times in the stomach and in back with the help of knife. On the basis of the which the crime was registered against the applicant. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the charge- sheet has been filed in this case. It is further submitted that a total of 7 accused persons are involved in the present case, and the FIR was lodged against the unknown persons and the applicant has not named in the FIR, the applicant’s name has come into light from the memorandum statement of the co-accused person, namely, Jaidul Haq, and it was Jaidul haq who has caused injuries to the injured person and the same transpires from the memorandum statement of Jaidul Haq, further no any recovery has been made from the applicant. The applicant is in jail since 06.10.2024 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 no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that a complaint was lodged at Civil Lines, Police Station that on 05.10.2024 the son of the complainant was returning home at 8 PM, after closing his shop in Vyapar Vihar and was going towards Kundan Palace, when 2 unknown persons came on Motorcycle and stopped him and tried to rob his bag and mobile, on resisting, they stabbed him 34 times in the stomach and in back with the help of knife, therefore, he is not entitled for grant of bail. 3 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 a total of 7 accused persons are involved in the present case, and the FIR was lodged against the unknown persons and the applicant has not named in the FIR, the applicant’s name has come into light from the memorandum statement of the co-accused person, namely, Jaidul Haq, and it was Jaidul haq who has caused injuries to the injured person and the same transpires from the memorandum statement of Jaidul Haq, further no any recovery has been made from the applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 06.10.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Hansraj Roy, involved in Crime No. 949/2024, registered at Police Station – Civil Line, Disrict – Bilaspur (C.G.) for the offence punishable under Sections 126(2), 109, 3(5), 310(4)(5), 62 and 311 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 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 4 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