1 2025:CGHC:11813 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1955 of 2025 Santosh Kumar Gond S/o Shri Safalsai Gond Aged About 48 Years R/o Village - Rampur, P.S.- Rampur, District- Korba (C.G.) ... Applicant versus State of Chhattisgarh Through - OfÏcer Incharge, Police Station - Sakti, District - Sakti (C.G.) ... Non-applicant For Applicant : Mr. Sunil Kumar Soni, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.03.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 342/2024 registered at Police Station – Sakti, District Sakti (C.G.) offence under Sections 61(2)(a), 331(3), and 305(a) of the Bhartiya Nyay Sanhita, 2023. 2. The prosecution story in brief, is that Pawan Kumar Patel filed a report at Sakti police station, stating that on 12.09.2024, at 11:23 ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.10 16:00:08 +0530 2 am, an unknown individual broke into his vacant house in Gram Navapara and stole a gold necklace, two gold garlands, a pair of gold earrings, a silver waistband, two pairs of silver anklets, and a silver santi worth approximately Rs. 38,000/-. Based on this report, the Sakti police station registered a crime under section 342/2024, sections 331(3) and 305(a) of the BNS Act, against an unknown individual. During the investigation, suspects Vinod Vasudev, Santosh Kumar Gond, Ved Prakash Vasudev alias Goloo, and Tilak Pawle confessed to committing the theft and selling the stolen gold and silver jewelry to Deepak Soni's jewelry shop. Consequently, a charge sheet was filed against Santosh Kumar Gond and other accused individuals, including Tilak Pawle, Vinod Vasudev, Ved Prakash Vasudev alias Goloo, and Deepak Soni, under sections 331(3), 305(a), 317(2), 61, and 3(5) of the BNS Act. The trial court framed charges against the accused under sections 61(2)(a), 331(3), and 305(a) of the Indian Penal Code. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He submits that the present applicant has 13 criminal antecedents under the IPC, out of which in 09 cases he has already been granted bail by the learned trial Court. Furthermore, he submits that the applicant's daughter's marriage is scheduled to take place on 12.03.2025, with wedding ceremonies starting from 10.03.2025. A copy of the marriage invitation card is also attached to the present bail application. He further submits that the applicant is in jail since 30.10.2024, conclusion of the trial may take some 3 time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge - sheet has already been submitted in the present case. He further submits that looking to the criminal antecedents of the present applicant, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and the fact that the present applicant has 13 criminal antecedents under the IPC, out of which in 09 cases he has already been granted bail by the learned trial Court, furthermore, the applicant's daughter's marriage is scheduled to take place on 12.03.2025, with wedding ceremonies starting from 10.03.2025, moreover, the charge - sheet has already been submitted in the present case before the competent Court and the conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Santosh Kumar Gond, involved in Crime No. 342/2024 registered at Police Station – Sakti, District Sakti (C.G.) offence under Sections 61(2)(a), 331(3), and 305(a) of the Bhartiya Nyay Sanhita, 2023, be released on bail on his furnishing 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 4 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 sufÏcient 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 sufÏcient 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 5 accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. 9. C.C. today. - Sd/- (Ramesh Sinha) Chief Justice Abhishek