1 2025:CGHC:13121 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 738 of 2025 Satyendra Sahu S/o Vijay Kumar Sahu Aged About 23 Years R/o Ward No. 06, Rawanbhata, Churrikala, Tehsil Katghora, District Korba, Chhattisgarh --- Applicant versus State of Chhattisgarh Through Police Station Darri, Korba (C.G.) --- Non-Applicant MCRC No. 1786 of 2025 Shambhu Prasad Kurrey S/o Jannu Prasad Kurrey Aged About 24 Years R/o Nilgiri Basti, Darri, P.S. And Tahsil Darri, District Korba, Chhattisgarh. --- Applicant Versus State Of Chhattisgarh Through Station Plant OfÏcer, Police Station Darri, District Korba, Chhattisgarh. --- Non-Applicant For Applicant (in MCRC No. 738/2025) : Mr. Anshul Tiwari, Advocate. For Applicant (in MCRC No. 1786/2025 : None. For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board PREETI KUMARI Digitally signed by PREETI KUMARI 2 19/03/2025 1. Since the above-mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These are the First bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 339/2024 registered at Police Station- Darri, District Korba for the offence punishable under Sections 305, 331(4), 317(4) and 3(5) of the Bharatiya Nyay Sanhita. 3. As per the prosecution case, in brief is that the complainant has lodged a report to the concerned police Station, alleging that on the date of incident, the unknown persons have entered in B.C.P.P. power plant by breaking lock and committed theft of cobber wire total valuation at Rs. 2,10,000/- from B.P.C.C. power plant and on the basis of complaint made by the complainant, the police has registered the case under section 305, 331(4), 317(4), 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. 4. In MCRC No. (738/2025) – Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in that case. He further submits that no recovery of stolen copper cable wire has been made from the possession of the applicant and no evidence establishes that he knowingly purchased stolen property. He also submits that the applicant has been implicated in the said crime only on the basis of memorandum statement of the co-accused. He also submits that the applicant has one previous criminal antecedents and the charge-sheet has not been filed and he is in jail since 30.12.2024. 3 Hence, he prays for grant of bail. 5. Learned State counsel opposes the bail application and submits that the charge-sheet has not been submitted. He further submits that the applicants have one previous criminal antecedents. Therefore, they are not entitled for grant of regular bail. 6. I have heard learned counsel for the State and perused the material available on record. 7. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicants and the fact that no recovery has been made from the possession of the applicants and the applicants has been implicated in the said crime only on the basis of memorandum statement, further the applicants have one previous criminal antecedents, the charge-sheet has not been filed in the present case before the competent Court and the applicants are in jail since 30.12.2024, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Accordingly the bail applications are allowed. Let the applicants – Satyendra Sahu (MRCR No. 738/2025) and Shambhu Prasad Kurrey (MCRC No. 1786/2025) involved in Crime No. 339/2024 registered at Police Station- Darri, District Korba for the offence punishable under Sections 305, 331(4), 317(4) and 3(5) of the Bharatiya Nyay Sanhita, be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 4 accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of BNS. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 84 of BNSS is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of BNS. (iv) The applicants 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 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. 9. OfÏce 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