1 2025:CGHC:989 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 41 of 2025 Rahul Das S/o Prakash Das Aged About 19 Years R/o P.V. 40, Purushottam Nagar, Pakhanjore, Distt. U.B. Kanker, C.G. ... Applicant versus The State of Chhattisgarh Through Police Station Bhanupratappur, Distt. U.B. Kanker, C.G. ... Non-Applicant For Applicant : Mr. Parag Kotecha, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 07/01/2025 1. This is the First 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. 196/2024 registered at Police Station : Bhanupratappur, Distt. U.B. Kanker punishable under Sections 305-A and 331 (4) of Bharatiya Nyay Sanhita, 2023. 2. As per the prosecution case, it was an allegation against the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.08 10:49:00 +0530 2 applicant, that he entered the house of the complainant at night time and had stolen Rs. 60,000/- from the Alimira. Hence, an offence under aforesaid Section was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that there is no direct evidence against the applicant and only on the basis of suspicion the applicant had been involved in the present case. He further submits that the applicant was arrested only on the basis of suspicion and recovery of amount which was shown, by the prosecution was his personal amount and there is no identification either is of person nor of article. He further submits that the charge-sheet has been submitted and the applicant is in jail since 17.09.2024. Therefore, he prays that the applicant be enlarged on bail. 4. On the other hand, learned State counsel opposes the bail application and submits that charge-sheet has been filed. He further submits that total Rs. 2,700 was recovered from the possession of the applicant. Therefore, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of allegation made against the applicant and the fact that only Rs. 2,700 was recovered from the possession of the applicant, 3 further, the applicant has no previous criminal antecedents, the charge-sheet has been filed in the present case before the competent Court and he is in jail since 17.09.2024, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly the bail application is allowed. Let the applicant - Rahul Das, involved in Crime No. 196/2024 registered at Police Station : Bhanupratappur, District- U.B. Kanker (C.G.) for the offence punishable under Sections 305-A and 331 (4) of Bharatiya Nyay Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 his absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS. (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, 4 under Section 209 of BNS. (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. 8. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti