1 2025:CGHC:2324 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 389 of 2025 Suryamani Sahoo S/o Jugal Kishore Aged About 42 Years R/o Kabatabandha, P.S. Jainapur, District Jajpur, Odisha ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Bayanar, District - Kondagaon Chhattisgarh ... Non-applicant For Applicant : Mr. Asseem Bhagwat, Advocate. For Non-Applicant/State : Mr. S.S. Baghel, Gy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.01.2025 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. 08/2024 registered at Police Station – Bayanar, District – Kondagaon (C.G.), for the offence punishable under Sections 379, 411, 414 r/w 34 of the Indian Penal Code. 2. The earlier bail application of the applicant being MCRC No. 7839 of 2024 was rejected on merits by this Court vide order dated 13.11.2024. 2 3. As per the prosecution's case, an FIR was lodged on June 13, 2024, based on a written complaint filed by Rakesh Kumar Jain on the same day. The complaint alleged that on June 11, 2024, at around 4:00 pm, after the weekly market at Bayanar ended, Jain was carrying a box containing gold and silver ornaments worth Rs. 8,00,000/- into his Bolero vehicle, which was parked on the roadside. Suddenly, some unknown persons appeared and stole the box containing the ornaments. Consequently, the present FIR was registered against unknown thieves for an offense punishable under Section 379 of the IPC. During the investigation, based on the memorandum statements of the accused, Nagraj @ Nagu Netam, and the present applicant, recorded under Section 27 of the IEA, the applicant was implicated in buying the allegedly stolen jewelry from three accused persons - Sachin Dhruw, Nagraj @ Nagu Netam, and Rakesh Dhruw - without weighing them, for Rs. 6,90,000/- in Jajpur, Odisha, and subsequently selling them to an unknown person. Thereafter, the prosecution filed a charge-sheet for offenses punishable under Sections 379, 411, 414, read with Section 34 of the IPC. 4. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He submits that the earlier bail of the applicant was rejected by this Court vide order dated 13.11.2024 in MCRC No, 7839 of 2024 by this Hon’ble Court. He submits that the applicant is suffering from a kidney ailment and has annexed medical documents in support of this claim within the bail application. 3 Furthermore, he states that the applicant has one prior criminal antecedent in the state of Odisha, in which he has already been granted bail. He also submits that the applicant is in jail since 12.09.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail. 5. On the other hand learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has been filed in the present case. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case and the fact that the applicant is suffering from a kidney ailment and has annexed medical documents in support of this claim within the bail application. Moreover, the fact that the charge - sheet has already been submitted in the present case before the competent Court and the applicant has been in jail since 12.09.2024 and conclusion of the trial may take some more time. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Second Bail of the Applicant – Suryamani Sahoo, involved in Crime No. 08/2024 registered at Police Station – Bayanar, District – Kondagaon (C.G.), for the offence punishable under Sections 379, 411, 414 r/w 34 of the Indian Penal Code, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned 4 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 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 ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.15 15:31:13 +0530 5 open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. OfÏce 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