Praveen Yadav vs State Of Chhattisgarh

Ramesh Sinha, CJ

This is the Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.17/2025 registered at Police Station Rudri, District Dhamtari (C.G.), for the offence punishable under Sections 311(4), 310(2) of Bhartiya Nyaya Sanhita, 2023 and Sections 25 & 27 of the Arms Act, 1959 (as per impugned order).

The First Bail Application of the applicant has been dismissed as withdrawn with liberty by this Court vide order dated 04.08.2025 passed in MCRC No.6116/2025.

Case of the prosecution, in brief, is that on 26.05.2025, complainant informed the concerned police station that at 3:30 pm, when he was walking on road, few unknown persons came on scooty gave him lift and other co-accused persons were waiting near the turn robbed an amount of Rs.800/- from him, injured him and ran away. Thereafter, FIR has been registered.

Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in crime in question. He further submits that co-accused namely Sanjay has already been granted bail by the learned Sessions Court. It is also submits that as per medical report only incised wound was found, which is not grievous in nature. He further submits that the applicant is young boy, aged about 18 years and his First Bail Application has already been dismissed as withdrawn with liberty by this Court vide order dated 04.08.2025 passed in MCRC No.6116/2025 only on the technical grounds and not on merits. It is further submitted that the applicant is in jail since 27.05.2025, conclusion of the trial may take some time, therefore, she prays for grant of regular bail to the applicant.

On the other hand, the learned Panel Lawyer opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that there is no criminal antecedents registered against the present applicant, therefore, he is not entitled to be released on bail.

I have heard learned counsel appearing for the parties and perused the case diary.

Considering the facts and circumstances of the case and further the nature and gravity of offence and the allegations levelled against the applicant and also considering the fact that he is a young boy aged about 18 years and also considering the fact that First Bail Application has already been dismissed as withdrawn with liberty by this Court vide order dated 04.08.2025 passed in MCRC No.6116/2025 only on the technical grounds and not on merits. Also considering the fact that charge-sheet has already been filed in the instant case. Further, considering the fact that applicant is in jail since 27.05.2025 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

Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Praveen Yadav, involved in Crime No.17/2025 registered at Police Station Rudri, District Dhamtari (C.G.), for the offence punishable under Sections 311(4), 310(2) of Bhartiya Nyaya Sanhita, 2023 and Sections 25 & 27 of the Arms Act, 1959 (as per impugned order), be released on bail on 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita.

(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail 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 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.

Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.