1 2025:CGHC:28261 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3706 of 2025 Santosh Singh S/o Lt. Phoolchand Singh Aged About 50 Years R/o Vill- Chandaniya Kala, P.S.- Shahdol, Distt- Shahdol (M.P.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, P.S.- Darri, District- Korba (C.G.) ... Respondent For Applicant : Shri Ram Sajiwan, Advocate. For Respondent/State : Shri Saumya Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/06/2025 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.18/2025 registered at Police Station Darri, Dist- Korba (C.G.) for the offence punishable under Sections 305(A), 331 (3), 317 (4), 111 (2) (ख) of BNSS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.27 18:23:43 +0530 2 2. Case of the prosecution, in brief, is that complainant Omprakash Sahu, on 28.01.2025, lodged a report against unknown accused at the police station Darri, that he lives with his family in a rented house in Sada Colony Darri and works as a technician in Power grid Bhainsma. He had gone to Raipur alone on 22.01.2025 for his official work. His wife and children were at their rented house in Sada Colony, Darri. On 23.01.2025, at about 7:00 a.m., both his children left for school for studies. On the same day, at about 11:00 a.m., his wife Meena Bai Sahu also locked the house and went to the neighborhood to learn sewing. When she returned home at about 2:15 p.m., she saw that an unknown theft had broken the lock of the house and entered the house and stole the gold and silver jewellery kept in the cupboard, including one gold Mangalsutra, one gold necklace, one gold ring, one pair of gold earrings, two silver belts, three pairs of silver anklets, silver toe rings, chain, bracelets and some cash amounting to a total of Rs. 75,000. on the basis of the report of the complainant, a First Information Report was registered against unknown accused and during investigation, the applicants/accused and other accused were arrested on the basis of suspicion for the aforesaid crime. 3. Learned counsel for the applicant submits that the applicant happens to be the father of the co-accused Shiva Singh and no recovery of any incriminating article has been made from him. He would submit that there is no criminal antecedents against the applicant, he is in jail since 23/03/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. He would submit that charge sheet has been filed in this case and 3 there is no criminal antecedents against the applicant and also there is no recovery of any incriminating article has been made from 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, submission of learned counsel for the parties, considering the fact that no recovery of any incriminating article has been made from the applicant, there is no criminal antecedents against the applicant, charge sheet has been filed, period of detention of the applicant since 23/03/2025 and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Santosh Singh, involved in Crime No.18/2025 registered at Police Station Darri, Dist- Korba (C.G.) for the offence punishable under Sections 305(A), 331 (3), 317 (4), 111 (2) (ख) of BNSS, 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 4 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri