1 2025:CGHC:18126 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3051 of 2025 1. Sahid Ali S/o Rahmat Ali Aged About 28 Years R/o Village - Chilhati, P.S. - Sarkanda, Distt. -Bilaspur (C.G.) 2. Shabir Khan S/o Maksud Khan Aged About 22 Years (Name Of Father And Age Not Mentioned In Impugned Order), R/o Village - Chilhati, P.S. - Sarkanda, Distt. -Bilaspur (C.G.) 3. Mukesh Yadav S/o Vishram Yadav Aged About 28 Years (Name Of Father And Age Not Mentioned In Impugned Order), R/o Village - Chilhati, P.S. - Sarkanda, Distt. -Bilaspur (C.G.) ... Applicants versus • State Of Chhattisgarh Through - Station House Officer, Police Station - Bhatapara (Garmin), District Balodabazar-Bhatapara (C.G.) ... Non-applicant For Applicants : Mr. Prakash Kumar Mishra, Advocate For State : Mr. Bharat Gulbani, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’). for grant of regular bail, as they have been VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.24 17:16:41 +0530 2 arrested in connection with Crime No.76/2025, registered at Police Station – Bhatapara (Gramin), Dist.- Balodabazar- Bahtapara (CG) for the offence punishable under Section 331(4), 305(A) 3(5) of BNS. 3. As per prosecution story in brief, Munna verma lodged a report before police station Bhatpara Gramin that on dated 28.01.2025 at about 5.30 he was tied his goats from chain in his terrace at about 8 pm and after taking meal he went outside from his house to his agricultural land and when he returned to his house about 10 pm seen that his all goats were there in his terrace and he went to sleep. After that on dated 29.01.2025 in morning at about 5.30Am he tried to open his door. When he came out from his window and seen that is goats were missing on the basis of investigation FIR was registered against unknown persons offence under section 331(4) 305(A) 3(5) of BNS Act was registered against the present applicants. 4. It was argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. He would further submit that no seizure has been made from the present applicants and applicants are in jail since 05.02.2025, 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 counsel for the State opposes the bail application of the applicants and submits that according to 3 charge-sheet there is no previous antecedent against the present applicants. 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 and the fact that charge-sheet has been filed and no further investigation is required to be done and fact that injuries have found simple in nature the applicants are in jail since 05.02.2025 and the conclusion of the trial would take some time, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Let the Applicants- (1) Sahid Ali, (2) Shabir Khan involved in Crime No.76/2025, registered at Police Station Bhatapara (Gramin), Dist.- Balodabazar-Bhatapara (CG) for the offence punishable under Sections 331(4), 305(A) 3(5) of B.N.S., 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 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 4 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 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. 9. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. - \ sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali