1 2025:CGHC:14609 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2363 of 2025 Jaiki Khan (Jaki Khan @ Shekhu) S/o Firoj Khan Aged About 21 Years R/o Dhimrapur Basti, Raigarh, Tahsil and District Raigarh, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Police Station City Kotwali, District Raigarh, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Ritiesh Verma, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, 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 Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 8/2025, registered at Police Station – City Kotwali, District Raigarh (C.G.) for the offence punishable under Sections 303(2), 317(2), 112(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2 The case of the prosecution, in brief, is that the complaint was lodged by the complainant (Sunil Kumar Modi) before police station City Kotwali against the unknown persons. The incident took place in between 1.1.2025 at midnight. Complainant is running a Libas Show Room PREETI KUMARI Digitally signed by PREETI KUMARI 2 situated at Subhash chowk where theft of 4 Dikin Air Conditioner Out- door copper whose total amount of Rs. 50, 000/-. The applicant is in jail since 4.1.2025. Charge-sheet has been submitted. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that no identification parade of the accused persons have been organized by the Investigating OfÏcer. The complainant has not stated the names of accused persons in earlier and there is no evidence against the applicant. He further submitted that the co-accused has been granted bail by the trial Court. He further submitted that the applicant has three previous criminal antecedents, out of which two are under the preventive nature which are pending. Further the charge-sheet has been filed and the applicant is in jail since 04.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has been submitted and the applicant has three previous criminal antecedents, therefore, he is not entitled for released on bail. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no evidence against the applicant, further the co-accused has been granted bail by the trial Court, the applicant has three previous criminal antecedents, out of which two are under the preventive nature which are pending and the charge-sheet has been filed and he is in jail since 04.01.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 3 7 Accordingly, the bail application is allowed. Let the applicant - Jaiki Khan (Jaki Khan @ Shekhu), involved in Crime No. 8/2025, registered at Police Station – City Kotwali, District Raigarh (C.G.) for the offence punishable under Sections 303(2), 317(2), 112(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, 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 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 4 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 Preeti