1 2025:CGHC:17237 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 245 of 2025 Durgesh Dewangan @ Pintu S/o Ramesh Dewangan Aged About 28 Years R/o Iti Colony Ambedkar Niwas, Tehsil And District Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer P.S.- Chakradhar Nagar, District- Raigarh (C.G.) ---- Non-applicant For Applicant : Mr. Nitesh Sahu, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.04.2025 1. Proceedings of this matter have been taken through video conferencing. 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. 543/2024, registered at Police Station – Chakradhar Nagar, District – Raigarh (C.G.) for the offence punishable under Sections 331(4), 305(A), 317(2), 112(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. The case of the prosecution, is that the complainant who is the owner of the Swaraj Refrigeration & Air Conditioning shop which was located in Industrial Area Boirdadar Police Station concerned, opened her shop as RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 usual and closed in the night on dated 27.11.2024, and on the very next day, he saw that the lock of his shop was broken and the shutter was unlocked and broken, when he opened the shop realized that there was a theft committed in the shop, some unknown person broken the lock of shop of the complainant and stolen the property value near Rs. 80,000/- from the shop, and thereafter, the FIR was lodged and on the same offence the Police arrested the applicant in the above allegation. Hence, this application. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are 4 criminal antecedents registered against the present applicant which have been disposed of. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 14.12.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that there are 4 criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that the complainant who is the owner of the Swaraj Refrigeration & Air Conditioning shop which was located in Industrial Area Boirdadar Police Station concerned, opened her shop as usual and closed in the night on dated 27.11.2024, and on the very next day, he saw that the lock of his shop was broken and the shutter was unlocked and broken, when he opened the shop realized that there was a theft committed in the shop, some unknown person broken the lock of shop of the complainant and stolen the property value near Rs. 80,000/- from the shop, and thereafter, the FIR was lodged and on the same 3 offence the Police arrested the applicant in the above allegation, therefore, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. 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 4 criminal antecedents registered against the present applicant which have been disposed of, charge-sheet has been filed against the applicant, the applicant is in jail since 14.12.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Let applicant, Durgesh Dewangan @ Pintu, involved in Crime No. 543/2024, registered at Police Station – Chakradhar Nagar, District – Raigarh (C.G.) for the offence punishable under Sections 331(4), 305(A), 317(2), 112(2) and 3(5) 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, 4 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. 9. 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