1 2025:CGHC:13354 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1768 of 2025 Shiv Sarthi S/o Salik Ram Sarthi Aged About 20 Years R/o T.V. Tawer, Chote Atarmuda, Vinod Pan Thela Ke Pass, Raigarh, P.S. Chakradhar Nagar, Tehsil And District Raigarh, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Chakradhar Nagar District Raigarh, Chhattisgarh ... Non-Applicant For Applicant : Mr. Aditya Chopra, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20/03/2025 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. 373/2024, registered at Police Station – Chakradhar Nagar District Raigarh (C.G.) for the offence punishable under Sections 331(4), 305(a) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2 The case of the prosecution, in brief, is that on 12.08.2024 at around 8.00 pm, the informant Rohit Kumar Yadav closed the warehouse and went home and when he came back at 8.00 am in the morning, he saw PREETI KUMARI Digitally signed by PREETI KUMARI 2 that the lock of the door was broken, two empty cylinders of HP company, a brass gadhra, a stell gadhra, gas stove, total worth Rs. 10,000/- were missing that were kept in warehouse, which were stolen by unknown persons. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the FIR was registered against unknown persons and the present applicant was arrested on the basis of memorandum which is weak evidence. He further submitted that the applicant has four previous criminal antecedents out of which in two cases he is on bail, the copy of the same has been annexed as covering memo of this bail application and the applicant is in jail since 13.08.2024 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 opposed the bail application and submitted that the charge-sheet has been filed in the present case. 5 I have heard learned counsel for the parties and perused 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 the FIR was registered against unknown persons and the present applicant was arrested on the basis of memorandum statement, further the applicanthas four previous criminal antecedents out of which in two cases he is on bail, the charge-sheet has been filed and he is in jail since 13.08.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 3 7 Accordingly, the bail application is allowed. Let the applicant - Shiv Sarthi, involved in Crime No. 373/2024, registered at Police Station – Chakradhar Nagar District Raigarh (C.G.) for the offence punishable under Sections 331(4), 305(a) and 3(5) of Bharatiya Nyaya Sanhita, 2023, 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 sufficient 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 Sanhita. (iv) The applicant shall remain present, in person, 4 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 for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti