1 2025:CGHC:12312 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2031 of 2025 1 - Vinod Vasudev S/o Sukhiram Aged About 32 Years Caste Vasudeo, R/o Village Gadapali, Police Station Urga, District Korba Chhattisgarh 2 - Ved Prakash @ Golu S/o Dhan Prasad Vasudev Aged About 26 Years R/o Village Gadapali, Police Station Urga, District Korba Chhattisgarh ... Applicants versus State Of Chhattisgarh Through The Station House OfÏcer, Police Station Sakti, District Sakti Chhattisgarh ... Non-applicant For Applicants : Mr. Ishwar Jaiswal, Advocate For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.03.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 375/2024, registered at Police Station : Sakti, District- Sakti (C.G.) for the offence punishable under Sections 331(3), 305(A), 62, 331(5) and 61, 54 read with Section 3(5) of the Bhartiya Nyay Sanhita (as per charge-sheet). KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. The case of the prosecution, in brief is that on 07-10-2024, the complainant Kanhiaya Rathore lodged a report with the allegation that when he went to Bus Stand to drop his family members and when he returned back, he saw that the lock of main door has been broken and when he entered inside his house, he saw that three unknown persons were trying to broke the locker of Almirah and the complainant trying to catch them, but the accused persons ran away from the place and during the investigation, the present applicants were arrested and charge sheet has been filed after completion of investigation. 3. Learned counsel for the applicants submit that the applicants are innocent and they have been falsely implicated in this case. He further submits that on the basis of memorandum of crime No.342/2024, the present applicants were arrested in the present crime number and the seizure memo and the memorandum are attached in charge sheet of this crime number i.e. 375/2024. He further submits that the applicants are not knowing about the other co-accused persons and all the accused persons are residents of different-different places, except the present applicants and on implication in one case, which is relating of theft, the other offence has been registered against the applicants and they have been arrested and no any ornament nor any cash amount has been seized from the applicants in this present crime number and the seizure memo and memorandum, which are attached relating to this crime number are from relating to Crime No.342/2024 registered at Police Station Sakti. He further submits that the FIR has been 3 registered against unknown person and the applicants are not named in the FIR and out of 13 cases registered against the present applicants, the trial court itself granted benefit of regular bail in 02 cases to the present applicants and in one case this Court has granted benefit of regular bail to the applicants in other crime numbers. He further submits that the applicants are in jail since 30- 10-2024 and charge sheet has already been filed and trial will take long time for its conclusion. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed before the competent Court however, looking to the seriousness of this case, the present applicants are not entitled for grant of 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, nature and gravity of allegation levelled against the applicants and the fact that the co-accused person namely, Deepak Soni has already been granted bail by this Court in MCRC No. 631/2025, vide order dated 28.02.2025 and the case of the present applicants are identical to that of the co-accused and in the present case, charge-sheet has been filed before the competent Court therefore, I am inclined to grant bail to the present applicants. 7. 7. Let applicants, Vinod Vasudev and Ved Prakash @ Golu, involved in Crime No. 375/2024, registered at Police Station : Sakti, District- Sakti (C.G.) for the offence punishable under Sections 331(3), 305(A), 62, 331(5) and 61, 54 read with Section 3(5) of the 4 Bhartiya Nyay Sanhita (as per charge-sheet), be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 5 absence of the applicants is deliberated 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 them 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 Kunal