1 2025:CGHC:16200 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2715 of 2025 Jasim Khan S/o Late Rashid Khan Aged About 26 Years R/o Village Hariganwa, Police Station Raghunath Nagar, Dist Balrampur- Ramanujganj Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Pasta, Dist Balrampur-Ramanujganj Chhattisgarh ... Non-applicant For Applicant : Mr. Arun Kumar Shukla, Advocate. For Non-applicant/State. : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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. 30/2023 registered at Police Station Pasta, District – Balrampur - Ramanujganj (C.G.), for the offences punishable under Sections 379, 34 of the Indian Penal Code (IPC) and Section 136 of the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.04.09 16:24:52 +0530 2 Electricity Act. 3. As per the brief facts of the prosecution case, the applicant was arrested on 24.08.2024. Following the arrest, the concerned police presented a supplementary charge sheet against the applicant on 18.09.2024. After the incident, the applicant absconded, and there are currently more than six pending cases of a similar nature (theft) in this Court. Considering these pending cases, it appears that the applicant is related to the said crime. The absconding of the applicant and the nature of the crime do not entitle the applicant to be granted bail. Based on the report lodged by the complainant, the concerned police investigated the matter and registered a crime for an offense punishable under Sections 379 and 34 of the Indian Penal Code against the present applicant. 4. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the aforementioned case. He submits that the said FIR has been lodged in the name of unknown person but only on the basis of suspicion the applicant has been arrested because the prosecution has failed to find out the actual culprit. He further submits that the applicant is in jail since 24.08.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 5. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge - sheet has already been submitted before the competent Court in the present case. She further submits that the present applicant has 02 criminal antecedents of the similar nature, which goes to show that 3 the present applicant is habitual offender, therefore, he is not entitled for grant of regular bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, and the fact that though the present applicant has 02 criminal antecedents of the similar nature, but looking the period of detention of the applicant i.e. 24.08.2024 and the charge-sheet has already been submitted before the competent Court in the present case, conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant – Jasim Khan, involved in Crime No. 30/2023 registered at Police Station Pasta, District – Balrampur - Ramanujganj (C.G.), for the offences punishable under Sections 379, 34 of the Indian Penal Code (IPC) and Section 136 of the Electricity Act, 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 his 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. 9. 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