Order on Board

21.03.2025

1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 12/2025, registered at Ambikapur Dehat (Gandhi Nagar), Police Station – Gandhi Nagar, Ambikapur, District – Sarguja (C.G.) for the offence punishable under Sections 308(5), 61(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 25 and 27 of the Arms Act.

2. The case of the prosecution, is that on 03.01.2025 the complainant Sekhar Agrawal has lodged the FIR at the Police Station concerned against three unknown persons with the allegation that on 02.01.2025, three unknown persons had visited the shop (Ravi Marble and Tiles) of the complainant and have made extortion by putting the complainant in fear of death and have extorted Rs. 25,000/-. Hence, this application.

3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case and the co- accused has been granted bail by this Court vide order dated 06.03.2025 passed in MCRC No. 1805 of 2025. The applicant is in jail since 24.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail.

4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that on 02.01.2025, three unknown persons had visited the shop (Ravi Marble and Tiles) of the complainant and have made extortion by putting the complainant in fear of death and have extorted Rs. 25,000/-, therefore, he is not entitled for grant of bail.

5. I have heard learned counsel for the parties and perused all of the documents available on record.

6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant and the co-

accused has been granted bail by this Court vide order dated 06.03.2025 passed in MCRC No. 1805 of 2025, the applicant is in jail since 24.01.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application.

7. Let applicant, Aryan Mukharjee, involved in Crime No. 12/2025, registered at Ambikapur Dehat (Gandhi Nagar), Police Station – Gandhi Nagar, Ambikapur, District – Sarguja (C.G.) for the offence punishable under Sections 308(5), 61(2) of the BNS and Sections 25 and 27 of the Arms Act, 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 Sanhit