1 2025:CGHC:11423 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1886 of 2025 Naresh Kumar Pandey S/o Ramnaraya Pandey Aged About 24 Years R/o Maharana Pratap Nagar, Tifra, Police Station Sirgitti, District Bilaspur Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Takhatpur, District Bilaspur Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Kunwar Lal Sahu, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/03/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 213/2023 registered at Police Station Takhatpur, District Bilaspur (C.G.) for the offence punishable under Sections 392, 34 of the Indian Penal Code. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the complainant Smt. Kumari Sahu filed a report at the Takhatpur Police Station, alleging therein that on April 23, 2023, when she was sitting in her courtyard two individuals arrived on a motorcycle, snatched her necklace and fled the scene. Based on this report, an offense under Section 392 of the Indian Penal Code (IPC) was registered against unknown persons. During the investigation, the applicant was arrested on June 16, 2023, thereafter, the offence has been registered against the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the complainant is residing in village Bija and the incident happened in her house, whereas in the memorandum statement of applicant recorded by Police Station Chakarbhatha, there is no mentioning about the incident dated 23.04.2023 at village Bija. He also submits that nothing has been seized from the present applicant, only on the basis of memorandum statement of co-accused, present applicant has been made an accused. The applicant is in jail since 16.06.2023, the applicant has been implicated in four other cases, out of which, in two cases he has been acquitted and two cases are still pending, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the 3 present case. She further submits that when the complainant was sitting in her courtyard applicant alongwith another co-accused came on a motorcycle, snatched her necklace and fled the scene, further there is recovery of necklace from the applicant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 16.06.2023, the fact that though the applicant and another co- accused were alleged to have snatched the necklace of complainant and fled the scene, there is also recovery of necklace from the possession of applicant, but applicant has four criminal antecedents of identical nature, out of which, in two cases applicant has been acquitted, besides these two cases, the applicant has only two cases pending against him, which are of the year 2023, charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant-Naresh Kumar Pandey, involved in Crime No. 213/2023 registered at Police Station Takhatpur, District Bilaspur (C.G.) for the offence punishable under Sections 392, 34 of the Indian Penal Code, 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 4 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 accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil