1 2025:CGHC:16698 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2787 of 2025 1 - Chhotu Alias Durgesh Satanami S/o Hira Lal Aged About 29 Years R/o Collagepara Takhatpur, Police Station Takhatpur, District Bilaspur (C.G) 2 - Brigendra Alias Bodu Satanami S/o Amarnath Khunte Aged About 18 Years R/o Collagepara Takhatpur, Police Station Takhatpur, District Bilaspur (C.G) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Takhatpur, District Bilaspur (C.G) ... Respondent(s) For Applicant(s) : Mr. Kripesh G. Kela, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 grant of regular bail to the applicants who have been arrested in connection with Crime No. 31/2025 registered at Police Station Takhatpur, District Bilaspur (C.G.), for the offence punishable under Sections 305, 331(4), 317(2) and 112 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 3. Case of the prosecution, in brief, is that the complaint Samir Kumar Bhagat lodged an oral complaint at Takhatpur Police Station on January 9, 2025 alleging therein that he is a Junior Telecom OfÏcer (JTO) at the BSNL OfÏce in Mungel, he oversees the BSNL Exchange in Nigarband. On January 19, 2025, Kaushal Rajput, the caretaker of the Nigarband exchange, discovered that six Exide battery cells were missing. Rajput also reported a previous incident that in the intervening night of January 16-17, 2025, three cells and a cell connector were stolen by breaking ofÏce door. Based on such report, an FIR was registered against unknown persons and during the course of investigation, present applicants were arrested. Hence, the bail application. 4. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that on the basis of memorandum statement of co-accused, namely, Sanjay alias Sadhu Netam, present applicants have been made accused in the case. He also submits that three of the identically situated co- accused persons, namely, Yash Kasar, Rohit Kumar Bind and Nageshwar Jhadudar have already been granted regular bail by 3 this Court vide orders dated 27.03.2025 in MCRC Nos.1253/2025 and 1611/2025. The applicants are in jail since 22.01.2025, the applicants have no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 5. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that present applicants alongwith other co-accused persons are alleged to have committed theft at BSNL OfÏce and had stolen 6 cells of Exide battery, on earlier also they had stolen 3 cells and cell connector by breaking door, therefore, they are not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 22.01.2025, the fact that though the applicants alongwith other co-accused persons are alleged to have committed theft at BSNL OfÏce and had stolen 6 cells of Exide battery, on earlier also they had stolen 3 cells and cell connector by breaking door, but three of the co-accused persons, namely, Yash Kasar, Rohit Kumar Bind and Nageshwar Jhadudar have already been granted regular bail by this Court vide orders dated 27.03.2025 in MCRC Nos.1253/2025 and 1611/2025 and the case of present applicants are identical to that of the co-accused persons, further applicants 4 have no criminal antecedents and charge-sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. 8. Let the Applicants-Chhotu Alias Durgesh Satanami and Brigendra Alias Bodu Satanami, involved in Crime No. 31/2025 registered at Police Station Takhatpur, District Bilaspur (C.G.), for the offence punishable under Sections 305, 331(4), 317(2) and 112 of BNS, be released on bail on his furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial Court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, 5 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 applicants are 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 them in accordance with law. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Akhil