1 2025:CGHC:18588 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3155 of 2025 Ramadheen Basod S/o Lt. Hanslal Basod Aged About 50 Years R/o Village - Baghadih, P.S. - Bargawa, District - Singrauli (M.P.) ... Applicant versus State Of Chhattisgarh Through - The Police Station - Seepat, District - Bilaspur (C.G.) ... Respondent For Applicant : Shri Somnath Verma, Advocate. For Respondent/State : Shri Nitansh Jaiswal, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/04/2025 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.336/2024 registered at Police Station Seepat Bilaspur for the offence punishable under Sections 305(A), 331(4), 317, 3(5) of B.N.S. 2. Case of the prosecution, in brief, is that complaint was lodged against the unknown person by the complainant (Damodar Prasad Gupta) of Damodar Jewlers before police station Seepat against unknown GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.25 11:33:17 +0530 2 persons. The incident took place in between 16.7.2024 at night 2:30 PM. Complainant is running a jewelry shop situated at Seepat where theft of ornaments namely; Anklet-100 pieces, Laccha-5 pairs, Girdle (Kardhan)- 25 pieces, Nettle(Bichiya)-500pairs, Finger ring-300 pieces, Bangles (Children)-70 pairs, Chain-50 pieces, Coins- 10 & 5 Gms-15 pieces, Locket- 200 pieces, Bracelet- 20 Pieces, Bangles- 15 pieces, Nosepin- 100 pieces, Old Jwellery-1.5 tola, Locket-5 pieces, Statue of deity, Flute and other ornaments made of gold and silver and cash of Rs. 5000/- whose total amount of Rs. 34, 50, 000/-. The jewelry was seized from one 'Manish Kumar Soni' who molded the silver ornaments into Bars of gold items into balls. The applicant has been arrested on 8.8.2024 for the alleged offence punishable under sections 305(A), 331(4), 317, 3(5) of B.N.S. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the applicant has been arrested on the basis of memorandum of other co-accused persons. He would submit that co-accused persons namely Rajendra Gupta alias Gudda, Vijay Kumar Basod, Amit Singh Thakur, have already been granted bail by this Court bearing MCRC No. 8573/2024, MCRC No.8939/2024 and MCRC No. 153/2024 vide its order dated 09.12.2024 and 05.02.2025 and also co-accused Manish Soni has been granted regular bail by this Court in MCRC No.2473/2025 on 27/03/2025 and co-accused Siyaram Basod has been granted regular bail by this Court in MCRC No.1427/2025 on 20/02/2025 and applicant is in jail since 8/08/2024, therefore, he prays for grant of bail to the applicant on the ground of parity. 3 4. On the other hand, learned State Counsel opposes the bail application and submits that there is no previous criminal antecedent against the present 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 offence, considering the fact that co-accused persons namely Rajendra Gupta alias Gudda, Vijay Kumar Basod, Amit Singh Thakur, have already been granted bail by this Court bearing MCRC No. 8573/2024, MCRC No.8939/2024 and MCRC No. 153/2024 vide its order dated 09.12.2024 and 05.02.2025 and also co-accused Manish Soni has been granted regular bail by this Court in MCRC No.2473/2025 on 27/03/2025 and co-accused Siyaram Basod has been granted regular bail by this Court in MCRC No.1427/2025 on 20/02/2025, there is no criminal antecedent against the present applicant, he is in jail since 8/08/2024 and trial is likely to some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant-Ramadheen Basod, involved in Crime No.336/2024 registered at Police Station Seepat Bilaspur for the offence punishable under Sections 305(A), 331(4), 317, 3(5) of B.N.S, be released on bail on his furnishing a personal bond with two local 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 4 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 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 gouri