1 2025:CGHC:8156 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1308 of 2025 Harsh @ Bittu Soni S/o Bhatar Singh Aged About 23 Years R/o Shanti Nagar Ward, Durga Temple, Jagadalpur, District Bastar, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through S H O Nagarnar P.S. District Bastar, Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Mr. Niraj Baghel, Advocate. For Non-Applicant(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/02/2025 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. 165/2024 registered at Police Station Nagarnar, District Bastar (C.G.) for the offence punishable under Sections 115(2), 296, 3(5), 351(2) of Bharatiya Nyaya Sanhita (for short BNS’) and Section 25 and 27 of Arms Act. 2. Case of the prosecution, in brief, is that when Ginesh Rathore and Madan Naik were returning from his relative’s house, on the way AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 near Nagarnar Plant, the applicant and other co-accused came there, abused them and threatened them with knife, thereafter, the aforesaid offence has been registered against the applicant. 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 two of the identical situated co- accused persons have already been granted bail, co-accused, namely, Aryan @ Sahil Dayal has been granted bail by this Court vide order dated 27.11.2024 in MCRC No.7802 of 2024, copy of which is annexed as Annexure A/2 and co-accused, namely, Sandeep Kulpati has been granted bail by the learned trial Court, copy of which is filed through covering memo. The applicant is in jail since 08.09.2024, the applicant has nine criminal antecedents, out of which, three cases have been disposed of on the ground of compromise, rest of the cases are pending, which are of the years 2019, 2020, 2022 and 2024, 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. He further submits that applicant alongwith other co- accuse persons threatened complainant and others with knife and also abused them, further applicant has nine criminal antecedents, of the years 2018, 2019, 2020, 2022 and 2024, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused 3 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 08.09.2024, the fact that the though the applicant alongwith other co-accuse persons threatened the complainant and others with knife and also abused them, but two of the co-accused persons have already been granted bail, co-accused, namely, Aryan @ Sahil Dayal has been granted bail by this Court vide order dated 27.11.2024 in MCRC No.7802 of 2024 and co-accused, namely, Sandeep Kulpati has been granted bail by the trial Court and the case of present applicant is identical to that of the co-accused persons, so far as the criminal antecedents of the applicant is concerned, applicant has nine criminal antecedents, out of which, three cases have been disposed of on the ground of compromise, four cases are of the years 2019 and 2020, which are old and stale, and besides these cases, applicant has only two cases pending against him, which are of the years 2022 and 2024, 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-Harsh @ Bittu Soni, involved in Crime No. 165/2024 registered at Police Station Nagarnar, District Bastar (C.G.) for the offence punishable under Sections 115(2), 296, 3(5), 351(2) of BNS and Section 25 and 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 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