1 2025:CGHC:21107 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3555 of 2025 Naresh Kumar Pandey S/o Ramnarayan Pandey Aged About 24 Years R/o Maharana Pratap Nagar, Tifra, Police Station - Sirgitti, District - Bilaspur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Masturi, District - Bilaspur Chhattisgarh. ... Non-applicant For Applicant : Mr. Kunwar Lal Sahu, Advocate For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.05.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 213/2023, registered at Police Station : Masturi, District - Bilaspur, (C.G.) for the offence punishable under Sections 392 and 34 of the Indian Penal Code. (For short IPC) 2. Case of the prosecution, in brief, is that the complainant, Juga Bai Baghel, lodged a report at Police Station Masturi, alleging that on RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 26.04.2023, while she was working in her field, two persons arrived on a motorcycle, snatched her gold ornament, and fled the scene. Based on the report, an offence under Section 392 of the Indian Penal Code was registered against unknown persons. During the course of investigation, the applicant was arrested on 16.06.2023. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in the present case. He also submitted that the present applicant has been roped in this case only on the basis of memorandum recorded by Police Station, Chakarbhatha in Crime No. 136/2023, and there is no recovery is made from the possession of the present applicant. He also submits that the applicant has falsely been implicated in 04 other cases, out of which, in two cases, he has been acquitted and two cases are pending. He later submitted that, co-accused person, namely, Sanjay Banjare has already been granted bail by the trial Court vide order dated 13.09.2024. He further submits that the charge-sheet has been filed and he is in jail since 16.06.2023 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of regular bail. 4. On the other hand, learned State Counsel appearing for the non- applicant/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the present applicant alongwith co-accused person have snatched complainant’s gold ornament, and fled the scene. He 3 further submits that the present applicant has 04 other criminal cases, which shows that the he is a habitual offender, therefore, the applicant is not entitled for grant of bail. 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 allegation levelled against the applicant and the fact that the applicant has 04 other cases, out of which, in two cases, he has been acquitted and two cases are pending, the charge-sheet has been filed and he is in jail since 16.06.2023 and conclusion of the trial is likely to take some time, further the co- accused persons, namely, Sanjay Banjare has already been granted bail by the trial Court vide order dated 13.09.2024, therefore, I am inclined to allow this application. 7. 7. Let applicant, Naresh Kumar Pandey, involved in Crime No. 213/2023, registered at Police Station : Masturi, District - Bilaspur, (C.G.) for the offence punishable under Sections 392 and 34 of the Indian Penal Code, be released on bail on furnishing 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. 4 (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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan