1 2025:CGHC:19123 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2585 of 2025 Mohd. Afak S/o Mohd. Mobin Aged About 23 Years R/o Village Pasan, Thana And Tahsil Pasan, District- Korba (C.G.) ... Applicant versus State of Chhattisgarh Through -Police Station - Dipka, District- Korba (C.G.) ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.04.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 21/2025, registered at Police Station : Dipka, District- Korba, (C.G.) for the offence punishable under Sections 303(2), 112(2) and 317(4) of Bhartiya Nyay Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 28.01.2025, the complainant lodged an FIR against unknown persons, stating that on 24.01.2025, unknown persons committed the theft of an Activa RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 vehicle bearing registration No. AP-31BJ-4110 from Dipka Parking House. Thereafter, the police investigated the matter and arrested the co-accused, namely Jai Singh Patel. Based on the memorandum statement of the co-accused, the present applicant has been implicated in this case. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the present applicant has 01 criminal antecedent under the similar nature, in which, he has been granted bail by the learned trial Court. He also submits that the applicant has a criminal record, and therefore, the police have arrested him to harass him. He also submits that, based on the memorandum statement of the co- accused, the present applicant has been unnecessarily implicated in this case. He also submits that the present applicant is in jail since 02.02.2025, the charge-sheet has been submitted and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. She further submits that the present applicant, along with the co-accused, committed theft of an Activa vehicle bearing registration No. AP- 31BJ-4110 from Dipka Parking House. She also submits that the present applicant has 01 previous criminal antecedent under the similar nature, therefore, the present applicant is not entitled to be granted regular bail in this case. 3 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 that though the present applicant, along with the co-accused, committed theft of an Activa vehicle bearing registration No. AP- 31BJ-4110 from Dipka Parking House and the present applicant has 01 criminal antecedent under the similar nature, but in which, he has been granted bail by the learned trial Court and the charge- sheet has been filed before the competent Court and he is in jail since 02.02.2025 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Mohd. 7. Let applicant, Mohd. Afak, involved in Crime No. 21/2025, registered at Police Station : Dipka, District- Korba, (C.G.) for the offence punishable under Sections 303(2), 112(2) and 317(4) of Bhartiya Nyay Sanhita, 2023, 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 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan