1 2026:CGHC:13794 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2720 of 2026 1 - Vishwajeet Sanjay Somkuwar S/o Sanjay Somkuwar Aged About 28 Years R/o Village Near Durga Mata Mandir, Rajiv Gandhi Nagar, Nagpur District Nagpur (Maharashtra) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Station House Officer Police Station Aamanaka, District Raipur (CG) ... Respondent(s) For Petitioner(s) : Mr. Bharat Lal Sahu, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.03.2026 1. This is the Second Bail Application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 208/2025 registered at Police Station – Aamanaka, District- Raipur (C.G.) for the offence punishable under Sections 305 and 331 (4) of the BNS, 2023. 2. The earlier bail application of the applicant being MCRC No. 8337/2025 was rejected by this Court vide order dated 27.10.2025 on merits with liberty to proceed and conclude the trial ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Date: 2026.03.24 18:03:01 +0530 2 expeditiously. 3. Case of the prosecution, in brief, is that on the written complaint of the complainant, Mrs. Amrita Midha, Branch Manager, IDBI Bank, Branch Tatibandh, Raipur, five different persons tried to withdraw money from the ATM machine of IDBI Bank but due to technical tampering in the ATM machine by some unknown person, they could not withdraw the money and when they failed, the unknown person withdrew the money of the said persons from the ATM, in the context of the theft being taken out by tampering with the card, during the investigation the applicant was caught and the aluminum strip and other items used in the incident were seized after the applicant stated that he had deposited the money obtained through theft in his and his mother’s bank. On the basis of said report, the Police has registered he offence and arrested the applicant. Hence, this application. 4. Learned counsel for the applicant submits that the earlier bail application of the applicant was rejected by this Court on merit with a direction to conclude the trial expeditiously and the applicant is in jail since 04.07.2025 and so far as the status of the trial is concerned, on 05.01.2026 charges were framed and after framing of charge, no prosecution witnesses have been examined in the case. Hence, he prays for grant of bail to the applicant. 5. On the other hand, learned State Counsel opposes the bail application and submits that the applicant has committed a 3 serious offence of technical tampering in the ATM machine and in the context of the theft being taken out by tampering with the card, during the investigation the applicant was caught and the aluminum strip and other items used in the incident were seized. Therefore, considering the nature and gravity of the offence and the allegations levelled against the applicant, he is not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case and also considering the fact that this is the second bail application and the earlier bail application of the applicant was rejected on merits with a direction to conclude the trial expeditiously and so far as the status of the trial is concerned, on 05.01.2026 charges were framed and till date no prosecution witnesses have been examined till date further the applicant is languishing in jail since 04.07.2025, therefore, this Court is of the considered view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the second bail application of the applicant is allowed. Let the Applicant – Vishwajeet Sanjay Somkuwar, involved in Crime No. 208/2025 registered at Police Station – Aamanaka, District- Raipur (C.G.) for the offence punishable under Section 305 and 331 (4) of the BNS, be released on bail on 4 furnishing 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 her absence, without sufficient 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) 5 recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient 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. 9. Office 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 Saxena