1 2026:CGHC:23437 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4732 of 2026 Niteen Tiwari S/o Shri Vijay Kumar Tiwari, Aged About 20 Years R/o House No. 186, Abhishek Nagar, Phase 1, Near Bangla Sai Mandir, Bilaspur, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Newai, District- Durg (C.G.) ... Respondent For Applicant : Mr. Rajesh Tiwari on behalf of Ms. Neeta Tuslani Thawani, Advocate For Respondent(s) : Mr. Anil Kumar Pandey, G.A. Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 21.05.2026 1. Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No.124/2026 registered at Police Station –Newai, Distt. Durg, (C.G.) for offence punishable under Section 25, 27 of the Arms Act and Sections 126(2), 309(4) of the BNSS, 2023. 2. Case of prosecution in brief is that, the complainant is working in Zomato company as a delivery boy and he lodged a written report to the HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2026.05.21 18:14:25 +0530 2 Police Station- Newai, District – Durg stating that on 04.03.2026 at about 3.20 AM, when he was returning back from Risali Sector after delivery, he was intercepted by two persons on scooty bearing registration No. CG-10-AB-0512 and they had stopped the vehicle of the complainant and one of them asked him to drop the said person to Durg Railway Station. Thereafter, one person put knife on his neck and snatched the purse with Rs. 4500/- cash and also snatched key of the vehicle. Based on the report, FIR was registered and during course of investigation, the applicant was arrested on 04.03.2026. 3. Learned counsel for applicant submits that, according to the complainant, some unknown persons had intercepted him, however, the report was also lodged against unknown persons and the applicants were arrested on suspicion and from the present applicant only sum of Rs. 100/- has been seized and no other incriminating articles have been seized from the possession of the applicant. He submits that the applicant is in jail for the last about two months. He further submits that there are no criminal antecedents against the applicant and he may be enlarged on bail. 4. On the other hand, learned counsel for State opposes the submission made by learned counsel for the applicant and submits that the applicant has been put to test identification parade and the complainant has identified him, which shows the involvement of the applicant in the aforementioned crime. However, upon asking the learned counsel for the State about the criminal antecedents of the applicant, he submits that there is no criminal antecedent against the applicant according to the case diary. 3 5. I have heard learned counsel for the parties and perused the documents enclosed along with the bail application. 6. Taking into consideration the facts and circumstances of the case, nature of allegations, material available in the charge-sheet and further the tender age of the applicant of 20 years and he appears to be the first offender, without commenting anything on the merits of the case, I am inclined to allow this application. 7. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- (a) 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of him absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) 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. (d) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) 4 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 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Parth Prateem Sahu) JUDGE H.Ansari