1 2025:CGHC:14616 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2308 of 2025 Rahul Gandharv S/o Kashiram Gandharv Aged About 19 Years R/o Mannu Chowk, Bilaspur, Police Station Sirgitti, District Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Sirgitti, District Bilaspur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Sumit Singh Rathore, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 26.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 293/2024, registered at Police Station : Sirgitti, District Bilaspur, (C.G.) for the offence punishable under Sections 380, 457 and 201 of Indian Penal Code, 1860. 2. The case of the prosecution, in brief, is that the complainant, Arti Nishad, made a complaint at Police Station Sirgitti, alleging that on 11.04.2022, she had gone to attend the funeral of her uncle at RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Khutaghat. Upon returning home on 22.04.2022, she found that the lock of her house had been broken, the household articles were scattered, and several items were missing, including one gold ring, a Samsung Galaxy tablet, a camera, a hard disk, a watch, two silver ornaments, and a piggy bank, with the total value estimated at Rs. 30,000. Subsequently, an investigation was conducted by the police, and based on the memorandum statement of the applicant, he was arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the articles were not seized from the possession of the applicant and merely on the basis of suspicion, the applicant has been arrested. He further submits that the applicant has 03 criminal antecedents of the year 2020, 2021, the detail of the same has been explained in the covering memo and he is in jail since 28.10.2024 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, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. He further submits that the present applicant entered complainant’s house and committed theft of household articles i.e. one gold ring, a Samsung Galaxy tablet, a camera, a hard disk, a watch, two silver ornaments, and a piggy bank, with the total value estimated at Rs. 30,000/- and he has 03 previous criminal antecedents. Therefore, the present applicant is not entitled to be granted regular bail in this case. 3 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 that though the present applicant committed theft of household articles i.e. one gold ring, a Samsung Galaxy tablet, a camera, a hard disk, a watch, two silver ornaments, and a piggy bank, with the total value estimated at Rs. 30,000/- and he has 03 previous criminal antecedents, but he has explained criminal antecedents in the covering memo and the charge-sheet has been filed before the competent Court and he is in jail since 28.10.2024 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Rahul Gandharv, involved in Crime No. 293/2024, registered at Police Station : Sirgitti, District Bilaspur, (C.G.) for the offence punishable under Sections 380, 457 and 201 of Indian Penal Code, 1860, 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan