1 2025:CGHC:4263 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 32 of 2025 Jafar Safik S/o Abdul Rashid, Aged About 35 Years, R/o Akash Kirana Store, Santoshi Nagar, Raipur, P.S. Tikrapara, Raipur, C.G. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Civil Line, Raipur, District Raipur, (C.G.) ... Non-Applicant For Applicant : Mr. Bharat Lal Sahu, Advocate For State/Respondent : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.01.2025 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. 510/2024, registered at Police Station – Civil Line, Raipur, District Raipur (C.G.) for the offence punishable under Sections 303(2), 111 and 3(5) of Bharatiya Nyay Sanhita, 2023. 2 The case of the prosecution, in brief, is that the complainant has lodged a report to the concerned police station, alleging that on the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.24 16:26:18 +0530 2 date of incident, the unknown persons have committed theft of his motorcycle from place of incident and on the basis of complaint made by the complainant, the police has registered the case under Section 303 (2), 111 and 3(5) of Bhartiya Nyay Sanhita against the unknown persons and after the investigation, the police has arrested the present applicant on the memorandum statement. 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 submitted that the police has not seized any article from the applicant and he has not committed theft of the seized article and only on the basis of memorandum statement, the applicant has been arrested by the police. He further submitted that the applicant has two previous criminal antecedents of the year 2022 which are pending. It is further stated that the charge-sheet has been filed and the applicant is in jail since 25.09.2024 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 and during investigation, the Police has arrested the present applicant on the basis of memorandum statement and the applicant has two previous criminal antecedents, therefore, he is not entitled to be released on bail. 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 3 further considering the detention period of the applicant that he is in jail since 25.09.2024, charge-sheet has been filed and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Jafar Safik, involved in Crime No. 510/2024, registered at Police Station – Civil Line, District - Raipur (C.G.) for the offence punishable under Sections 303 (2), 111 and 3(5) of Bharatiya Nyay 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 his 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 4 shall initiate proceedings against his, 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 his 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