1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2956 of 2025 1 - Deepnanda Alias Gulli S/o Anil Nanda Aged About 31 Years R/o Nagoikhar Darri, Ward No. 44, Korba, District Korba, Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Police Station Urga, Korba, District - Korba, Chhattisgarh ... Respondent For Applicant : Mr. Anshul Tiwari, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/06/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 302/2023 registered at Police Station - Urga, District-Korba (C.G.), for the offences punishable under Sections 379, 34, 120-B of the IPC and 25, 27 of Arms Act,1959. 2. As per the prosecution's case, in brief, is that complainant, Drishyant Tiwari, Assistant General Manager of Lanco Power Plant, Patadhi, lodged a written complaint on 02.09.2023 at Police Station Urga, District Korba. The complaint stated that approximately 10 kilometers of aluminum wire laid near Village Kanki had been stolen. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.24 17:28:41 +0530 2 Based on this complaint, Crime Number 302/2023 was registered against an unknown person at the said police station under Section 379 of the Indian Penal Code (IPC). During the investigation, the memorandum statement of a co-accused was recorded, and based on this statement, the applicant was implicated as an accused in the case. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that applicant has been arrested only on the basis of the statement of memorandum of co-accused further there is no seizure has been made from the present applicant. He also submits that the applicant has no previous criminal antecedents. The applicant is in jail since 18.03.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application of the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and looking to the fact that applicant has been arrested only on the basis of the statement of memorandum of co-accused further there is no seizure has been made from the present applicant. The applicant is in jail since 18.03.2025 and the conclusion of the trial is likely to take quite long time, this Court is of the view that the applicant is entitled to be released on bail in this case. 3 7. Let the applicant – Deepnanda Alias Gulli involved in Crime No. 302/2023 registered at Police Station - Urga, District-Korba (C.G.), for the offences punishable under Sections 379, 34, 120-B of the IPC and 25, 27 of Arms Act,1959, be released on bail on their 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. (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 4 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 for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali