1 2025:CGHC:21429 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2919 of 2025 Tarun Nikuse S/o Dilip Kumar Aged About 22 Years R/o Matadevalay Ward No 28 Bhatapara, P.S. Bhatapara City Distt Baloda Bazar Bhatapara C.G. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Bhatapara (Gramin), District- Baloda-Bazar Bhatapara (C.G.) ... Non-applicant For Applicant : Mr. Vijay Shankar Mishra, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 08.05.2025 1. 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. 182/2025 registered at Police Station : Bhatapara (Gramin), District Baloda-Bazar-Bhatapara (C.G.) for the offence punishable under Sections 303(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's story, the complainant, Adarsh Dhirthlare, lodged a report at Bhatapara (Gramin) police station ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.09 20:30:35 +0530 2 stating that on 15.03.2025, he visited a liquor shop near Arjuni and parked his motorcycle bearing number CG 22 B 9836 at the back of the shop. When he came out at around 6 PM, his motorcycle was missing. Initially thinking it might have been taken by mistake, he searched for the vehicle but couldn't find it. Subsequently, he lodged a report against an unknown person. Based on the police investigation, offenses under Section 303(2) and 3(5) of the BNS Act were registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the applicant has been accused solely based on the memorandum statement, and no incriminating article has been seized from the applicant. He also submits that the charge-sheet has already been submitted in the present case before the competent Court. He further submits that the applicant has no criminal antecedents and he is in jail since 18.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has not been submitted before the competent Court in the present case. She further submits that from the possession of the applicant one motorcycle and 03 scooty were seized, therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties. 3 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents, further, the charge-sheet has already been submitted in the present case before the competent Court which is taken on record, the present applicant has been in jail since 18.03.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Tarun Nikuse, involved in Crime No. 182/2025 registered at Police Station : Bhatapara (Gramin), District Baloda- Bazar-Bhatapara (C.G.) for the offence punishable under Sections 303(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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 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 Abhishek