1 2025:CGHC:26514 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2434 of 2025 1 - Sheikh Taufiq S/o Sheikh Naseeb Aged About 28 Years R/o Chuchuhiyapara Ganesh Nagar Police Station Sirgitti District - Bilaspur (C.G.) (In Arrest Memo It Is Written As Sheikh Taushif S/o Naseef ). --- Applicant versus 1 - State Of Chhattisgarh Through Station House Officer Police Station Torwa District - Bilaspur (C.G.) --- Non-applicant MCRC No. 2729 of 2025 1 - Nimchand Biswas S/o Siraaj Biswas Aged About 40 Years (Age Mentioned In Case Diary 24 Years), R/o Kapaas Bagga Police Station- Baldanga, District- Murshidabad Bengal, West Bengal, Present Resident- Near Hemu Nagar Over Bridge, Police Station- Torwa Bilaspur, District- Bilaspur (C.G.) ---Applicant Versus 2 1 - State Of Chhattisgarh Through- Station House Officer, Police Station- Torwa, District Bilaspur (C.G.) --- Non-applicant For Applicants : Smt. Fouzia Mirza, Senior Advocate assisted by Mr. Ali Afzaal Mirza, Advocate. For Res/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20/06/2025 1. Since an identical issue and common facts of law are involved in both bail applications, they heard analogously and are being decided by this common order. 2. The applicants have preferred this First Bail Application under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 (henceforth, “BNSS”) for grant of regular bail, as they have been arrested in connection with Ishtgasha No. 02/2025, registered at Police Station Torwa, District Bilaspur (C.G.) for the offence punishable under Section 35 (e) of B.N.S.S. / 317 (4) of B.N.S. 3. The case of the prosecution, is that on 10.03.2025, on being information received from an informant that about two people buying and selling mobiles phones illegally near Hemunagar Over Bridge, Sub-Inspector – Kamal Narayan Sharma conducted a raid in presence of his staff and witnesses, and recovered 515 mobiles of Micro Max Company, 503 mobiles of Jio Company, 163 mobiles of Redmi Company, 78 mobiles of BO Company and several mobiles of other reputed company and parts of other mobile phones, worth 3177 stolen mobiles from the exclusive possession of the applicants and other co- accused persons. Based on which, present crime has been registered 3 against the applicants. 4. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case, as there is no evidence available on record to connect them with the crime in question. It is argued that applicant, who is rag-picker, is having old mobile phones, which were exchanged by the customers in the return of toys, crockery and money, as such, he is not involved in the alleged crime. He further submits that the applicants are languishing in jail since 10.03.2025; charge-sheet is yet to be filed and trial is likely to take long time for its conclusion, hence, the applicants may be enlarged on bail. 5. On the other hand, counsel for the State opposes the bail application and submits that looking to huge quantity of theft articles i.e. mobiles phones, the applicants are not entitled to be released on bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Having heard learned counsel for the parties, having regard to the facts & circumstances of the case, particularly, considering the pre-trial detention of the applicant i.e. the applicants are in custody since 10.03.2025, and there is no criminal antecedents have been reported against the applicant and conclusion of the trial is likely to take long time; and no criminal antecedents have been reported against the applicants; this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Accordingly, both the bail applications are allowed. Let applicants namely Sheikh Taufiq & Nimchand Biswas involved in Ishtgasha No. 02/2025, registered at Police Station Torwa, District Bilaspur (C.G.) 4 for the offence punishable under Section 35 (e) of B.N.S.S. / 317 (4) of B.N.S, be released on bail on each of them furnishing a 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 misuse the liberty of bail during trial and in order to secure their 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 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 statement under Section 351 of BNSS. If in the 5 opinion of the trial court absence of the applicants 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 them in accordance with law. 9. 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 amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.21 15:24:48 +0530