1 2025:CGHC:13376 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1619 of 2025 Ajay Anant @ Daua S/o Late Purushottam @ Hardiha Anant Aged About 35 Years R/o Kotadabri, Ward No. 16, Champa, Police Station And Tahsil Champa, District- Janjgir-Champa (C.G.). ... Applicant versus State Of Chhattisgarh Through District Magistrate, Janjgir, District Janjgir- Champa (C.G.). (Police Station- Champa, District Janjgir-Champa (C.G.). ... Non-applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate For Non-applicant : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.03.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 171/2024 registered at Police Station – Champa, District Janjgir- Champa (C.G.) offence under Sections 457, 380 & 34 of the IPC, 2 1860. 2. Prosecution story in brief is that, the present applicant and other co-accused person has forcibly entered into the house of the prosecutrix Amrika Kurre and committed theft of two mobiles of Realme 10 Pro and Vivo V 35, Gold and cash of Rs. 42,000/-. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He submits that there are 19 criminal cases registered against the present applicant out of which 9 cases are istigasa, 05 cases are similar nature. Additionally, 09 cases are still pending. He further submits that the applicant is in jail since 09.05.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail. 4. On the other hand learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has already been submitted before the competent Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and further the fact that though there are 19 criminal cases registered against the present applicant out of which 9 cases are istigasa, 05 cases are similar nature. Additionally, 09 cases are still 3 pending, also considering the fact that the charge-sheet has already been submitted in the present case and he is in jail since 09.05.2024, conclusion of the trial may take some more time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the first Bail of the Applicant – Ajay Anant @ Daua, involved in Crime No. 171/2024 registered at Police Station – Champa, District Janjgir- Champa (C.G.) offence under Sections 457, 380 & 34 of the IPC, 1860, be released on bail on furnishing personal bond with two local 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. 4 (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) 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice H.Ansari HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.03.21 17:24:49 +0530