1 2025:CGHC:15684 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2589 of 2025 Aman Sonwani S/o Rajkumar Sonwani Aged About 23 Years R/o Dakbangla Gariyaband, P.S. and District Gariyaband, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Mainpur, District Gariyaband, Chhattisgarh ... Non-Applicant For Applicant : Ms. Khushbu Sahu, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 03/04/2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 02/2025, registered at Police Station – Mainpur, District Gariyaband (C.G.) for the offence punishable under Sections 331(4), 305, 3(5) and 238 of Bharatiya Nyaya Sanhita, 2023 and Section 25 of Arms Act. 2 The case of the prosecution, in brief, is that, the complainant has lodged a report to the concerned police station, alleging that on the PREETI KUMARI Digitally signed by PREETI KUMARI 2 date of incident, the one unknown person has entered in the house by breaking lock and has committed theft of mobile valuation at Rs. 9,000/- from the house room and on the basis of complaint made by the complainant, the police has registered the case against the unknown persons and after the investigation, the police has arrested the present applicant on the memorandum statement. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the police has not seized any said article from the applicant and he has not committed theft of the seized article and only on the basis of memorandum of statement, the applicant has arrested by police. He further submits that the charge-sheet has been filed and the applicant is in jail since 03.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. She further submits that from the possession of the applicant one mobile phone and iron sword has been seized. She further submits that the applicant has one previous criminal antecedents.Therefore, he is not entitled for released on bail. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has one previous criminal antecedents and the charge-sheet has been filed and he is in jail since 03.01.2025 and conclusion of the trial is likely to take some time, I am inclined to allow 3 this application. 7 Accordingly, the bail application is allowed. Let the applicant - Aman Sonwani, involved in Crime No. 02/2025, registered at Police Station – Mainpur, District - Gariyaband (C.G.) for the offence punishable under Sections 331(4), 305, 3(5) and 238 of Bharatiya Nyaya Sanhita, 2023 and Section 25 of Arms Act, be released on bail on his furnishing a 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 his counsel. In case of his absence, without sufficient 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. 4 (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 sufficient 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 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 Preeti