1 2026:CGHC:115 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9152 of 2025 Ashik Ali @ Raja S/o Mohd. Kalim Aged About 34 Years R/o Main Market Khongapani, Police Station Jhagarakhand, District Manendragarh - Chirmiri - Bharatpur (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Jhagarakhand, District Manendragarh - Chirmiri- Bharatpur (C.G.) ... Non-Applicant For Applicant : Mr. Sunil Verma, Advocate For Non-Applicant/State : Ms. Vaishali Mahilong, Dy. Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 130/2025, registered at Police Station – Jhagarakhand, District Manendragarh – Chirmiri - Bharatpur, (C.G.) for the offence punishable under Section 304(2) of the Bharatiya Nyaya Sanhita, 2023. 2. The facts of the case, in brief, are that the complainant Anamika Aaend lodged a report with the police on 28.08.2025 at about 3:10 RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 PM, stating that while she was going for coaching near the ofÏce of Nagar Panchayat, New Ledari, an unknown person had snatched her mobile phone from behind. On the basis of this report, a case was registered against the unknown person, and during the course of investigation, the present applicant was arrested for the alleged commission of the offence. Hence, the present bail application has been filed. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He has neither committed nor participated in any act constituting the alleged offences, and the evidence collected by the prosecution is not prima facie sufÏcient to hold him guilty. The applicant was not identified by the complainant, and no identity parade was conducted. In earlier cases, namely Crime No. 108/2025 and Crime No. 42/2025 registered at Police Station Manendragarh for offences under Section 304(2) of B.N.S., the applicant was granted bail by this Hon’ble Court and the learned trial Court, respectively. The prosecution has also failed to prove that any seized article belongs to the complainant, as no bill or supporting document has been produced, and the applicant was not present at the spot as alleged. He also submits that the applicant has been in jail since 30.08.2025, the charge-sheet has already been filed, and he is the sole earning member of his family, the conclusion of the trial is likely to take a considerable amount of time. Therefore, he prays for the grant of regular bail to the applicant. 3 4. On the other hand, the learned State counsel opposes the bail application and submits that the applicant has been arrested for allegedly snatching the mobile phone of the complainant Anamika Aaend near the ofÏce of Nagar Panchayat, New Ledari on 28.08.2025. Considering the nature of the offence and the prima facie material collected during the investigation, the applicant is not entitled to be released on bail 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, it appears that the applicant was not present at the spot, was not identified by the complainant, and no identity parade was conducted. It is also pertinent that in Crime No. 108/2025 registered at Police Station Manendragarh under Section 304(2) of B.N.S., the applicant was granted bail by this Court vide order dated 04.11.2025 (filed as Annexure A-3), and in Crime No. 42/2025 registered at the same police station under Section 304(2) of B.N.S., he was granted bail by the learned trial Court vide order dated 09.10.2025 (filed as Annexure A-4). The charge-sheet has been filed before the competent Court, and the applicant is in jail since 30.08.2025, he is the sole earning member of his family and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant - Ashik Ali @ Raja, involved in Crime No. 130/2025, registered at 4 Police Station – Jhagarakhand, District Manendragarh – Chirmiri - Bharatpur, (C.G.) for the offence punishable under Section 304(2) of the Bharatiya Nyaya Sanhita, 2023, 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 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. 5 (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