1 2025:CGHC:11422 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1888 of 2025 Chandan Mandle S/o Sanjay Mandle Aged About 20 Years R/o Ward No. 1, Thankhamhariya, District Bemetara Chhattisgarh. (Cause Title As Per The Charge Sheet) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, P.S. Thankhamhariya, District Bemetara Chhattisgarh. ... Non-applicant For Applicant : Mr. Suresh Kumar Verma, Advocate. For Non-applicant/State : 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 208/2024 registered at Police Station – Thankhamhariya, District Bemetara (C.G.) offence under Sections 331(4), 305(A) of the Bhartiya Nyay Sanhita, 2023. 2. According to the prosecution's story, in brief, the complainant, Shakil Khan, son of Subedar Khan, a resident of Thankhamhariya, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.10 10:54:41 +0530 2 District Bemetara, lodged an oral report on 26.12.2024. In the report, he stated that on the night of December 25-26, 2024, an unknown person broke into his house by opening the almirah and stole Rs. 30,000/- in cash. Consequently, an offence was registered against the unknown person. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He submits that the present applicant has 02 criminal antecedents under the IPC which is pending trial. He also submits that the applicant is in jail since 27.12.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail. 4. On the other hand learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has been filed in the present case. She submits that the applicant has 02 cases of the similar nature, shows that the applicant is a habitual offender, therefore, he is not entitled for grant of regular bail in this case. 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 applicant has 02 criminal antecedents under the IPC which is pending trial, further the charge-sheet has already been submitted before the competent Court in the present case and the applicant is in jail since 27.12.2024, conclusion of the trial may take some more time. Therefore, this Court is of the view that the 3 applicant is entitled to be released on bail in this case. 7. Let the First Bail Application of the Applicant – Chandan Mandle, involved in Crime No. 208/2024 registered at Police Station – Thankhamhariya, District Bemetara (C.G.) offence under Sections 331(4), 305(A) of the Bhartiya Nyay Sanhita, 2023, be released on bail on 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 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 4 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 Abhishek