1 2025:CGHC:12099 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1721 of 2025 Rahul Sahu @ Kallu S/o Ramautar Sahu Aged About 25 Years Caste-Sahu, R/o Sahu Gali, Surajpur, Tahsil And Police Station- Surajpur, District - Surajpur (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, Police Station- Kotwali Ambikapur, District - Surguja (C.G.) ... Non-Applicant For Applicant : Mr. Ram Vifal Ram, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.03.2025 1. This is the third bail application of the applicant. His earlier two bail applications have been dismissed by co-ordinate Bench of this Court and the case has been listed before this Court after nomination from the Hon’ble Chief Justice. 2. This is the third bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 532/2023 registered PREETI KUMARI Digitally signed by PREETI KUMARI 2 at Police Station - Kotwali Ambikapur, District – Surguja (C.G.) for the offences punishable under Sections 457, 380,34 of Indian Penal Code. 3. This is the second bail application. Earlier two bail applications were dismissed on merits. 4. Case of the prosecution, in brief, is on 22.08.2023, the complainant Govind Prasad Mishra lodged report regarding theft of gold ornaments, CCTV and DVR from his house situated near Mile Stone School, Vijay Marg, Ambikapur. On the basis of said report, the offence under Sections 457, 380 of IPC was registered against unknown person and during the course of investigation, the applicant and co-accused Rahul Paikra have been arrested. 5. It has been argued by learned counsel for the applicant that the applicant is innocent and falsely implicated in this case. It is further submitted by the learned counsel for the applicant that this is the third bail application of the applicant. His first bail application was dismissed as withdrawn with the liberty to file afresh by the co-ordinate Bench of this Court vide order dated 15.02.2024 passed in MCRC No. 9020/2023 and second bail application was dismissed on merits vide order dated 22.07.2024 passed in MCRC No. 3974/2024. He further submitted that the applicant is in jail since 27.08.2023 and the trial has not yet been concluded and out of 06 prosecution witnesses, statement of 02 prosecution witnesses have been examined, so far as the criminal antecedents of the applicant is concerned, the applicant is having 13 previous criminal antecedents, out of which 04 cases are preventive in nature and in three cases he has already been acquitted and other cases are pending. Further, the charge-sheet has already been filed. Therefore, he prays for grant of regular bail to the applicant. 3 6. On the other hand, learned counsel appearing for the State/non-applicant opposes the bail application and submits that the charge-sheet has already been filed. She further submits that the applicant is having 13 previous criminal antecedents. Therefore, the applicant is not entitled for grant of bail. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Taking into consideration the facts and circumstances of the case and the fact that this is the third bail application of the applicant, his first bail application was dismissed as withdrawn by the co-ordinate Bench of this Court vide order dated 15.02.2024 passed in MCRC No. 9020/2023 and second bail application was dismissed on merits vide order dated 22.07.2024 passed in MCRC No. 3974/2024 and the applicant is in jail since 27.08.2023 and the trial has not yet been concluded, further the fact that out of total 06 prosecution witnesses, statement of 02 prosecution witnesses have been examined, so far as the criminal antecedents of the applicant is concerned, the applicant is having 13 previous criminal antecedents, out of which 04 cases are preventive in nature and in three cases he has already been acquitted and other cases are pending. Further, the charge-sheet has already been filed, this Court is of the view that the applicant is entitled to be released on bail in this case 9. Accordingly, the third bail application of the applicant is allowed. Let the applicant - Rahul Sahu @ Kallu, involved in Crime No. 532/2023 registered at Police Station - Kotwali Ambikapur, District – Surguja (C.G.) for the offences punishable under Sections 457, 380,34 of Indian Penal Code, be released on bail on their furnishing personal bond with two 4 heavy sureties, out of which one of the them should be a family member 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 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. 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 174-A of the Indian Penal Code. (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 313 Cr.P.C. If in the opinion of the trial court absence of the applicants are 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 them in accordance with law. 10. 10. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of four months from the date of receipt of this order in accordance with law, if there is no legal impediment. 5 11. 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 Preeti