1 2025:CGHC:18896 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3204 of 2025 Purushottam Patel S/o Baburam Patel Aged About 27 Years R/o Manjholipara Khuntaghat Ratanpur P.S. Ratanpur District - Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer Police Station Ratanpur, District – Bilaspur (C.G.) ---- Non-applicant For Applicant : None. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.04.2025 1. None appears on behalf of Learned counsel for the applicant to press this bail application. The applicant is in jail since 09.01.2025, hence, this Court proceeds to consider and disposed of this bail application with the assistance of learned State counsel. 2. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 27/2025, registered at Police Station – Ratanpur, District – Bilaspur (C.G.) for the offence punishable under Sections 303(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. The case of the prosecution, is that the complainant has lodged a report to the Police Station concerned, that on the date of incident the unknown RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 persons have committed theft of bore pump bearing 01 HP 12 stage from the filed and on the basis of complaint made by the complainant, the Police has registered the crime against the unknown person, and thereafter, arrested the applicant on the basis of memorandum statement. Hence, this application. 4. Learned State counsel opposes the bail application and submits that there are 2 criminal antecedents registered against the present applicant out of which in one case the applicant is acquitted, and the charge-sheet has been filed in this case. It is further submitted that the complainant has lodged a report to the Police Station concerned, that on the date of incident the unknown persons have committed theft of bore pump bearing 01 HP 12 stage from the filed and on the basis of complaint made by the complainant, the Police has registered the crime against the unknown person, and thereafter, arrested the applicant on the basis of memorandum statement, therefore, he is not entitled for grant of bail. 5. I have heard learned State counsel and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are 2 criminal antecedents registered against the present applicant out of which in one case the applicant is acquitted, charge-sheet has been filed against the applicant, the applicant is in jail since 09.01.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Purushottam Patel, involved in Crime No. 27/2025, registered at Police Station – Ratanpur, District – Bilaspur (C.G.) for the 3 offence punishable under Sections 303(2) of the BNS, be released on bail on his 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 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 open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. 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 Rajshekhar