1 2025:CGHC:21996 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2435 of 2025 1 - Raju Khan @ Rijvi S/o Smile Khan Aged About 44 Years R/o Ward No. 09 Bhatgaon Police Station Bhatgaon, District Sarangarh-Bilaigarh, Chhattisgarh. 2 - Ganip Khan S/o Sahadad Khan Aged About 45 Years R/o Ward No. 09 Bhatgaon, Police Station Bhatgaon, District Sarangarh-Bilaigarh, Chhattisgarh. Petitioner(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Bilaigarh, District Sarangarh-Bilaigarh, Chhattisgarh. ... Non-applicant For Applicants : Mr. Vikram Pratap, Advocate. For Non-applicant/State : Mr. Kishan Lal Sahu, Dy. GA Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/05/2025 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 applicants who have been arrested in connection with Crime No. 59/2025 registered at Police Station Bilaigarh District, Sarangarh- Bilaigarh (C.G.), for the offences punishable under Sections 331 (4), 305 RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.05.13 18:04:39 +0530 2 and 3 (5) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution's story is that on 02/03/2025, the applicants, after breaking down the lock of the complainant’s house, committed theft and stolen artificial jewelry of worth Rs. 800/- and cash of Rs. 6000/-, which were later on recovered from them. Subsequently, after registration of the FIR, the applicants were arrested. 3. Learned counsel for the applicant submits that the present applicants are innocent persons and have been falsely implicated in the aforesaid case. He further submits that on the basis of concocted story, the applicants have been implicated, whereas no recovery was made from the applicants. They are in jail since 02/03/2025 and conclusion of the trial may take some time, he prays for grant of regular bail to the present applicants. 4. On the other hand learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has not been filed 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, particularly considering the nature of allegation and the applicants are in detention since 02/03/2025, this Court is of the view that the present applicants are entitled to be released on bail in this case. 7. Let the Applicant- Raju Khan @ Rijvi and Applicant- Ganip Khan involved in Crime No. 59/2025 registered at Police Station Bilaigarh, District Sangarh, Bilaigarh (C.G.), for the offences punishable under 3 Sections 331 (4), 305 and 3 (5) of the Bharatiya Nyaya Sanhita, 2023 be released on bail on each of them furnishing personal bond with two sureties 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 sufficient 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 4 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants aer 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 them in accordance with law. 8. Office 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 Rahul