1 2025:CGHC:12583 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2049 of 2025 Sunil Sona S/o Buddhu Sona Aged About 49 Years R/o Village Dahli, P.S. Sindkela, District Balangir, Odisha (Wrongly Mentioned As Orisha In Impugned Order) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Devendra Nagar, Raipur, District Raipur Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Vinay Nagdev, Advocate through video conferencing. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 17/03/2025 1. This is the Second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who have been arrested in connection with Crime No. 180/2024 registered at Police Station : Devendra AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Nagar, Raipur, District Raipur, for the offence punishable under Sections 380, 457, 34 of Indian Penal Code, 1860. 2. As per the prosecution case, the complainant, Bajrang Lal Kananani, filed a report at the Devendra Nagar Police Station alleging therein that on April 21, 2024, at 9:00 P.M., he locked his house in Devendra Nagar, Raipur, and left for Vrindavan. The CCTV camera installed in his house was connected to his son's mobile phone. On April 27, 2024, his son informed him that two unknown individuals were seen roaming inside the house, and the CCTV camera was turned off. The complainant then asked his younger brother to check the house, and upon doing so, his brother found that the lock on the house was broken, and the contents were scattered. Upon returning to Raipur with his family, the complainant discovered that two unknown individuals had broken into his house by breaking the main gate, room, and cupboard locks, and stolen cash, gold, silver jewelry, and other valuables. Based on the complainant's report, the Devendra Nagar Police Station, Raipur, registered a crime under Section 457, 380 of the Indian Penal Code and arrested the accused during the investigation. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 27.08.2024 with a direction to the trial Court concerned to conclude the trial within a period of six months, but the same has not yet been concluded, therefore this second bail 3 application is filed on the ground that the bail application of co- accused, namely, Laxman Chhura @ Kaliya Chhura has been rejected by this Court on the ground that he has 13 criminal antecedents, whereas present applicant has only 2 criminal antecedents, further there is seizure of Rs.1,30,000/- from the applicant. He further submits that so far as status of trial is concerned, out of 8 prosecution witnesses, statement of 2 witnesses have been recorded, out of which, one is seizure witness and another is complainant of the case. He also submits that the summons and bailable warrants have been issued by the trial Court for summoning the other witnesses, charge-sheet has already been filed in the present case and the applicant is in jail since 12.05.2024 and the trial is likely to take some time for its conclusion, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant has 2 criminal antecedents, which shows that he is a habitual offender and there is also recovery of Rs.1,30,000/- from him, therefore, the bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. From perusal of the order dated 27.08.2024, it is apparent that the bail application of applicant was rejected on merits on the ground that the applicant has 2 criminal antecedents and there is recovery of Rs.1,30,000/- from the applicant, but considering the period of 4 detention of applicant, as he is languishing in jail since 12.05.2024, so far as status of trial is concerned, out of 8 prosecution witnesses, statement of 2 witnesses have been recorded, out of which, one is seizure witness and another is complainant of the case, further summons and bailable warrants have been issued by the trial Court for summoning the other witnesses, as such, the conclusion of the trial would take long time, this second bail application is allowed. 7. 7. Let the applicant - Sunil Sona, involved in Crime No. 180/2024 registered at Police Station : Devendra Nagar, Raipur, District Raipur, for the offence punishable under Sections 380, 457, 34 of IPC, be released on bail on his furnishing a personal bond with two local sureties in the like amount 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 BNS. (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 5 initiate proceedings against him, in accordance with law, under Section 209 of BNS. (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 the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. However, the trial Court is directed to ensure the appearance of other prosecution witnesses, who have been summoned and bailable warrant issued against them in accordance with law and if possible, take the assistance of the concerned Superintendent of Police for execution of the warrants. 9. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) Chief Justice Akhil