1 2025:CGHC:7999 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1273 of 2025 Suraj Yadav S/o Balaram Yadav Aged About 22 Years R/o Imliduggu, Korba, Tehsil And District Korba (C.G.). ... Applicant versus State of Chhattisgarh Through - Police Station - Kotwali Korba, Tehsil and District Korba (C.G.). ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.02.2025 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. 633/2024 registered at Police Station- Kotwali Korba, District- Korba, (C.G.) for the offence punishable under Sections 309(9) and 310(2)of Bharatiya Nyaya Sanhita, 2023. (for short ‘BNS’). 2. Case of the prosecution, in a nutshell, is that on 26.10.2024, the complainant, Mohd. Piruddin Ansari, lodged a written report against unknown persons, stating that while he was returning home from RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.02.14 18:11:03 +0530 2 college between 3:00 and 4:00 PM, two motorcycles approached him, carrying 3 to 4 individuals. These individuals used filthy language and looted his mobile phone along with Rs. 3,000/- in cash before fleeing the scene. Based on this report, the police registered an FIR against unknown persons under Sections 309(9) and 310(2) of the BNS Act. Subsequently, the police arrested co- accused Babi Das, and based on his memorandum statement, the present applicant and other co-accused persons were implicated in the case. 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 applicant has not looted the mobile and cash of the complainant and only on the basis of memorandum statement of the co-accused, the present applicant has been arrested. He further submits that there was dispute between the complainant and co-accused Babi Das and the present applicant is friend of Babi Das therefore he has been implicated in this case. He also submits that the applicant is aged about 22 years young boy and he is in jail since 28.10.2024, the applicant has no criminal antecedents, 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 appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the present applicant along with co-accused person 3 used filthy language with complainant and looted his mobile phone along with Rs. 3,000/- in cash and mobile phone has been recovered from the possession of the present applicant, 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, the fact that though the present applicant along with co-accused person used filthy language with complainant and looted his mobile phone along with Rs. 3,000/- in cash and mobile phone has been recovered from the possession of the present applicant, but he has no criminal antecedents and the charge-sheet has been submitted before the competent Court and the applicant is in jail since 28.10.2024, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Let the Applicant- Suraj Yadav, involved in Crime No. 633/2024 registered at Police Station- Kotwali Korba, District- Korba, (C.G.) for the offence punishable under Sections 309(9) and 310(2)of Bharatiya Nyaya Sanhita, 2023, be released on bail on their 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan