1 2025:CGHC:12076 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1280 of 2025 Sekh Shabbir @ Kallu S/o Saleem Aged About 19 Years R/o Dr. Rajendra Prasad Nagar, Khursipar, Police Station Khursipar, Bhilai, Tehsil And District Durg, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through S.H.O., Police Station Khursipar, District - Durg, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Samdarsh Nirankari, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/03/2025 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. 170/2024 registered at Police Station Khursipar, District - Durg, (C.G.) for the offence punishable under Section 309(6), 126(2), 296, 3(5), 118(1) of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that complainant Santosh Kumar Soni, filed a complaint alleging therein that on September 2, 2024, at approximately 12:30 AM, he was robbed and assaulted while pushing his Honda Activa Scooty, license plate number CG 07 BP 0418, near L.T.I. Ground, Canal Road. The perpetrators, reportedly six individuals, stopped him, took his keys, and physically restrained him. They stole his Samsung Galaxy phone, valued at Rs.10,000, Rs.8,000 in cash, and his Aadhaar card. One of the assailants injured Soni's glutes with a thermocol cutter before they fled the scene, thereafter, offence has been registered against the applicant and subsequently he was arrested. Hence, the bail application. 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 injury sustained by the applicant is not grievous in nature, further in terms of seizure of Rs.500/-, he has been implicated in the case, which can be seized from anyone. The applicant is in jail since 24.09.2024, the applicant has 5 criminal antecedents, out of which, 2 cases are pending before the Juvenile Court and rest of the three cases, which are of the years 2023 and 2024 are pending before the 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 3 co-accused persons had robbed the complainant and also assaulted him with thermocol cutter, due to which, he received some injuries on his persons, 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 24.09.2024, the fact that though the applicant alongwith other co-accused persons had robbed the complainant and also assaulted him with thermocol cutter, due to which, he received some injuries on his persons, but the injury sustained by the applicant is simple in nature, so far as criminal antecedents of the applicant is concerned, applicant has 5 criminal antecedent, out of which, 2 cases are pending before the Juvenile Court and rest of the three cases, which are of the years 2023 and 2024 are pending before the trial Court, further 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. 7. Let the Applicant-Sekh Shabbir @ Kallu, involved in Crime No. 170/2024 registered at Police Station Khursipar, District - Durg, (C.G.) for the offence punishable under Section 309(6), 126(2), 296, 3(5), 118(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