1 2025:CGHC:11206 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1870 of 2025 1 - Buleshwar Rajwade @ Mithun S/o Late Ramdev Rajwade Aged About 20 Years R/o Village Puhputra Chowk, Police Station And Tehsil Lakhanpur, District- Surguja (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through District Magistrate Surguja (C.G.) ... Respondent(s) For Applicant : Ms. Prachi Singh, Advocate For Non-applicant : Ms. Ankita Shukla, PL. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 06/03/2025 1. This is first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (henceforth ‘the BNSS’) for grant of regular bail to the applicant, who is in custody in connection with Crime No.263/2024 registered at Police Station Manipur, District Surguja(CG) for the offence punishable under 303(2) of B.N.S. 2. Case of the prosecution, in brief, is that on 7.8.2024 complainant Akash Gupta lodged report in concerned police station stating that some unknown person had stolen his motorcycle which he parked NISHA DUBEY Digitally signed by NISHA DUBEY Date: 2025.03.07 11:20:48 +0530 2 outside the Mittal ply trading. Based on report, police registered crime against unknown person. During course of investigation, applicant was arrested on 22.10.2024. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. He is in jail since 13.04.2019. There is no seizure from the present applicant in the instant crime. Seizure has been made from the other co- accused person namely Temlal. No case is made out against the applicant and the case is pending for trial against him. Applicant is a 20 years old young boy and sole earning member of his family, hence, it is prayed that he may be enlarged on regular bail. 4. On the other hand, the learned State counsel opposed the bail application of present applicant. He, however, submits that applicant has one previous criminal antecedent against him, therefore, he is not entitled for grant of regular bail. 5. Heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, I am inclined to grant regular bail to the present applicant. 7. Let applicant Buleshwawr Rajwade @ Mithun involved in Crime No.263/2024 registered at Police Station – Manipur, District Surguja (CG) for the offence punishable under Sections 303(2) of B.N.S., be released on regular bail on her furnishing a personal bond with two sureties in the like sum to the satisfaction of the trial Court concerned, with following conditions:- 3 (i) The applicant shall file an undertaking to the effect that she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 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 her 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 Nisha