1 2025:CGHC:15665 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2635 of 2025 Vinod Kumar Banjare S/o Janaklal Aged About 40 Years R/o Sakri, Bandhwapara, Behind Electricity Office, P.S. Sakri, District Bilaspur, Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Takhatpur, District Bilaspur, Chhattisgarh. ... Respondent For Applicant : Mr. Pawan Kumar Kashyap, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.04.2025 1. This is the Second 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. 223/2024registered at Police Station –Takhatpur, District – Bilaspur (C.G.), for the offence punishable under Sections 457 and 380 of the Indian Penal Code. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.04.04 10:55:20 +0530 2 2. The case of the prosecution, in brief, is that the complainant made complaint to the concerned police of police station Takhatpur with intend that on 15.04.2024 at about 6.00 O'clock the unknown persons were entered in the Rice mill by breaking lock, and they have committed theft of L.D. T.V. (valuation at Rs. 20,000/-) and purs including adhar card, driving license and cash amount of Rs. 4000/- from the mill and on the basis of complaint made by the complainant, the police has registered the case under section 457 and 380 of the Indian Penal Code against the unknown person and after the investigation, the police has arrested the present applicant on the basis of merely suspicious. 3. Learned counsel for the applicant submits that applicant is an innocent person and has been falsely implicated in the present case. He submits that the first bail application of the applicant has dismissed by this Hon’ble Court. He further submits that police has not seized any said article from the applicant with regard to the theft of the article and he has not committed theft of the seized article and only on the basis of memorandum statement the applicant has arrested by the police and the applicant is in jail and if he will be take long time in jail, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits applicant has two criminal record and the charge-sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the submissions made by learned counsel for the parties, further considering the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicant, moreover, the fact that the charge-sheet has been filed before the competent Court and he is in jail since 26.04.2024 and 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. 7. The Second Bail Application of the Applicant – Vinod Kumar Banjare, involved in No. 223/2024 registered at Police Station –Takhatpur, District – Bilaspur (C.G.), for the offence punishable under Sections 457 and 380 of the Indian Penal Code, be released on bail on his 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 his counsel. In case of his absence, without sufficient 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 4 the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against his, 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 sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against his 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 vaibhav