1 2025:CGHC:18881 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2165 of 2025 Kamalbhan Sonwani S/o Sonu Sonwani Aged About 22 Years R/o Village Shivprasad Nagar, Police Station Surajpur, District Surajpur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Ramanujnagar, District Surajpur, Chhattisgarh. ... Respondent For applicant : Shri Vikram Singh Vishwakarma, Advocate. For Respondent/State : Mrs. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/04/2025 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.27/2025 registered at Police Station Ramanujnagar, District Surajpur (C.G.) for the offence punishable under Sections 331(4), GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.26 17:50:04 +0530 2 305(A), 317(1) & 317 (4) B.N.S. 2. Case of the prosecution, in brief, is that present applicant with other co-accused persons have stolen the rice from the PDS Shop weighing 26 quintal (worth Rs.42,000/-), therefore the police of Police Station Ramanujnagar has registered three crimes against the present applicant and other accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the applicant has been arrested only on the basis of memorandum. He would submit that the applicant is labour in the said PDS Centre and the applicant has been called by the owner of the vehicle for loading the rice and other material, but the police has made the applicant accused only on suspicion. He would further submit that there is no material seized from the possession of present applicant, applicant is in jail since 16/02/2025, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. 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, considering the nature of allegation that the applicant has stolen the rice from the PDS Shop, period of detention of the applicant since 16/02/2025 and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Kamalbhan Sonwani, involved in Crime No.27/2025 3 registered at Police Station Ramanujnagar, District Surajpur (C.G.) for the offence punishable under Sections 331(4), 305(A), 317(1) & 317 (4) B.N.S, 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 sufficient 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 sufficient cause, then it shall be open for 4 the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri