1 2025:CGHC:11434 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1858 of 2025 Tilak Pawale S/o Raghunandan Pawale Aged About 62 Years R/o Village- Jagmala, P.S.- Lakhanpur, District- Sarguja (Ambikapur) (C.G.), (Village Name Wrongly Mentioned As Jamgala In Anx. A/1) ... Applicant versus State Of Chhattisgarh Through - The Station House OfÏcer, P.S.- Baradwar, District- Sakti (C.G.) … Non-Applicant For Applicant : None. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 07/03/2025 1 None appears on behalf of the applicant to press this application when the case is called out, however, with the assistance of the learned State counsel, this Court proceeds to hear and decide this bail application. 2 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. 192/2024, registered at Police Station – Baradwar, District- PREETI KUMARI Digitally signed by PREETI KUMARI 2 Sakti (C.G.) for the offence punishable under Sections 331(3), 305(A) and 61(2)(A) of Bharatiya Nyaya Sanhita, 2023 (As per charge). 3 The case of the prosecution, in brief, is that the complainant, namely, Firat Ram Sahu lodged FIR and stated that on 12.08.2024 in between 03.15 pm to 06.00 pm in his vacant home unknown person stolen the property of Rs.1,85,000/- total Rs. 4,85,000/-. During the investigation, the applicant was arrested on 13.11.2024 on the basis of memorandum of co-accused and after investigation, the charge-sheet had been filed. 4 It has been pleaded in the bail application that the applicant is innocent and has been falsely implicated in this case. The co-accused, namely, Deepak Soni has been granted bail by this Court vide order dated 28.01.2025 passed in MCRC No. 631/2025. He also submits that the applicant has 13 previous criminal antecedents of the applicant in which 09 cases he has been granted bail by the trial Court and in one Case FIR No. 342/2024 at Police Station – Sakti, this Court has been granted bail in MCRC No. 843/2025, further the charge-sheet has been filed and the applicant is in jail since 13.11.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5 On the other hand, the learned State counsel opposes the bail application of the applicant but could not dispute the fact that the co-accused persons have already been granted bail by this Court and the case of the present applicant is identical to that of the co-accused person. 6 I have heard learned counsel for the State and perused the documents available on record. 3 7 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the the co-accused, namely, Deepak Soni has been granted bail by this Court vide order dated 28.01.2025 passed in MCRC No. 631/2025 and further the applicant has 13 previous criminal antecedents of the applicant in which 09 cases he has been granted bail by the trial Court and in one Case FIR No. 342/2024 at Police Station – Sakti, this Court has been granted bail in MCRC No. 843/2025 and the charge-sheet has been filed and he is in jail since 13.11.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8 Accordingly, the bail application is allowed. Let the applicant - Tilak Pawale, involved in Crime No. 192/2024, registered at Police Station – Baradwar, District- Sakti (C.G.) for the offence punishable under Sections 331(3), 305(A) and 61(2)(A) of Bharatiya Nyaya Sanhita, 2023 (As per charge), 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 4 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, 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. 9 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