1 2025:CGHC:25958 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3533 of 2025 Sunil Sahu S/o Bharatlal Sahu Aged About 20 Years R/o Chingrajpara, Sarkanda Thana Sarkanda, Tehsil and District Bilaspur, Chhattisgarh --- Applicant versus State of Chhattisgarh Through Police Station - Thana Sarkanda, District – Bilaspur, Chhattisgarh --- Non-applicant MCRC No. 3860 of 2025 Sunil Sahu S/o Bharatlal Sahu Aged About 20 Years R/o Chingrajpara, Sarkanda, Thana - Sarkanda, Tahsil And District - Bilaspur (C.G.) ---Applicant Versus State of Chhattisgarh Through - Police Station - Thana Sarkanda, District - Bilaspur (C.G.) --- Non-applicant For Applicants : Mr. Krishna Kumar Khatri, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.20 10:52:48 +0530 2 19/06/2025 1. Since the above-mentioned two bail applications arise out of same applicant, they are clubbed and heard together and are being disposed of by this common order. 2. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail to the applicants who has been arrested in connection with Crime No. 276/2025 (in MCRC No. 3533/2025) and Crime No. 111/2025 (in MCRC No. 3860/2025) registered at Police Station Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Sections 303(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 3. Case of the prosecution, in brief, is that on 19.02.2025 and 20.02.2025, after investigating the accused/applicant for attempted theft, a case was registered, evidence was collected, and investigation continued. The applicant was arrested and produced before the trial Court of Bilaspur, District- Bilaspur (CG) wherein he is currently in detention. A bail application was presented before the Court of First Additional Sessions Judge Bilaspur (CG) where it was rejected on 08.04.2025 and 02/05/2025. Consequently, this bail application has been presented for consideration. 4. Learned counsel for the applicants submits that the applicant is innocent and has been falsely implicated in the case. He further submitted that five cases were imposed upon the applicant, out of which in two cases, he has been granted bail by the trial Court, copy of the order is annexed in this bail application. The charge-sheet has been filed and he is in jail since 19.02.2025 and 20.02.2025. Thus, looking to the above, it is prayed that the applicant may be enlarged on bail. 3 5. On the other hand, learned State counsel appearing for the respondent/State opposes the bail application. 6. I have heard learned counsel appearing for the parties and perused the document available on record. 7. Considering the facts and circumstances of the case, nature and gravity of the offence, allegations levelled against the applicant and the fact that , five cases were imposed upon the applicant, out of which in two cases, he has been granted bail by the trial Court, copy of the order is annexed in this bail application and he is in jail since 19.02.2025 and 20.02.2025 and further the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the bail application is allowed. Let the Applicant - Sunil Sahu involved in Crime No. 276/2025 (in MCRC No. 3533/2025) and Crime No. 111/2025 (in MCRC No. 3860/2025) registered at Police Station - Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Sections Sections 303(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, 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 applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In 4 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 applicants 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 applicants 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 Preeti