1 2025:CGHC:13620 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2247 of 2025 Madan Yadav S/o Ramji Yadav Aged About 19 Years Resident- Bandhvapara, Sarkanda Thana- Sarkanda Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Thana- Sarkanda, District- Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Krishna Kumar Khatri, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 21/03/2025 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. 1382/2024, registered at Police Station – Sarkanda, District- Bilaspur (C.G.) for the offence punishable under Sections 331(4) and 305(a) of Bharatiya Nyaya Sanhita, 2023. 2 The case of the prosecution, in brief, is that the complainant, B. Divakar Rao, son of late B.N. Rao, reported to the police station on 3.11.2024, that he had gone to Raipur with his family on 2.11.2024, around 7:00 pm for personal work. He had locked the main gate of his house. Upon PREETI KUMARI Digitally signed by PREETI KUMARI 2 returning to his house on 3.11.2024, around 4:00 am, he found that the sofa had been placed behind the main gate. After pushing the sofa aside, he entered the house and discovered that the handle lock system of his room had been broken by an unknown thief. The thief had stolen gold and silver jewelry, two silver idols of gods, five silver coins, an old, damaged Apple mobile phone, ₹50,000 in cash, and some loose change. Other stolen items included two silver puja thalis, two silver diyas, a silver chain for children, one gold locket, one gold bali, and one silver bali. The total value of the stolen items is approximately ₹95,000. The unknown thief entered the house by breaking the lock and handle lock of the door and climbing over the wall at the back of the house. 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 submits that there is no any seizure from the possession of the applicant. He further submits that the applicant has three previous criminal antecedents out of which two cases are disposed of and one case is pending. Further the charge-sheet has been filed and the applicant is in jail since 05.11.2024 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 in the present case. He further submits that there is no any seizure from the possession of the applicant, further the applicant is having three previous case, therefore the bail application of the present application is liable to be rejected. 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, 3 nature and gravity of allegation levelled against the applicant and the fact that there is no any seizure from the possession of the applicant, further the applicant has three previous criminal antecedents out of which two cases are disposed of and one case is pending, furthermore the charge-sheet has been filed and he is in jail since 05.12.2024 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 - Madan Yadav, involved in Crime No. 1382/2024, registered at Police Station – Sarkanda, District- Bilaspur (C.G.) for the offence punishable under Sections 331(4) and 305(a) of Bharatiya Nyaya 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 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 4 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 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. Sd/- (Ramesh Sinha) Chief Justice Preeti