1 2025:CGHC:14588 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2425 of 2025 Bankim Kumar Mandal S/o Sudam Mandal Aged About 30 Years R/o Village Maharajpur, P.S. Taljhari, District- Sahebganj (Jharkhand) ... Applicant versus State of Chhattisgarh Through The Police Station House OfÏcer, P.S. Navagarh, District- Janjgir-Champa Chhattisgarh. ... Non-applicant For Applicant : Mr. Varunendra Mishra, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.03.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 88/2024 registered at Police Station Navagarh, District Janjgir - Champa (C.G.), for the offences punishable under Sections 379 and 34 of the Indian Penal Code and Section. 2. As per the prosecution's story, in brief, is that on 11.03.2024, the complainant, Mukesh Chandra, appeared before the police station ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.27 11:24:10 +0530 2 and stated that on 06.03.2024, at around 5:00 PM, while returning from the Budhwari vegetable market, his mobile phone was stolen from his possession by an unknown person. Consequently, the police registered an offense under Sections 379 and 34 of the Indian Penal Code and arrested the present applicant for the aforementioned offence. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He submits that the other co-accused person, namely, Krishna Sah @ Kanhaiya in MCRC No. 1745 of 2025 vide order dated 04.03.2025 has already been granted regular bail by this Court. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge - sheet has already been filed in the present case. He further submits that the applicant has 03 criminal antecedents under the IPC, shows that the applicant is a habitual offender, therefore, he is not entitled for grant of regular bail in the present case. 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 and further the fact that though the applicant has 03 criminal antecedents under the IPC, the other co-accused person, namely, Krishna Sah @ Kanhaiya in MCRC No. 1745 of 2025 vide order 3 dated 04.03.2025 has already been granted regular bail by this Court, moreover, the fact that the charge - sheet has already been submitted in the present case before the competent Court and the applicant is in jail since 02.05.2024, conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Bankim Kumar Mandal, involved in Crime No. 88/2024 registered at Police Station Navagarh, District Janjgir - Champa (C.G.), for the offences punishable under Sections 379 and 34 of the Indian Penal Code and Section, be released on bail on his furnishing personal bond with two local 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 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek