1 2025:CGHC:25957 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3536 of 2025 Nitesh Verma @ Nikesh S/o Kushal Verma Aged About 21 Years (Name Correctly Mentioned) R/o Bundelikhurd Police Station Thelkadih Tehsil and District KCG, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Somni District Rajnandgaon, Chhattisgarh ... Non-Applicant For Applicant : Mr. Aditya Bhardwaj, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.06.2025 1 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. 77/2025 (correctly mentioned), registered at Police Station – Somni District Rajnandgaon (C.G.) for the offence punishable under Section 35(1), 303(2), 317(2) of Bharatiya Nyay Sanhita, 2023 and 35(2)(D) of Bharatiya Nagarik Suraksha Sanhita, 2023. 2 The case of the prosecution, in brief, is that informant provided PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.20 10:52:48 +0530 2 information that three individuals had arrived near the Somni culvert on a motorcycle without a registration number and were behaving in a highly suspicious manner. Acting immediately on this information, the police reached the Somni culvert and, based on the informant's identification, apprehended the suspects Devendra Sahu, Tameshwar Verma, and Tameshwar Barle along with the unregistered motorcycle (Hero Deluxe) at the spot with the help of witnesses present. Further, in the investigation, Police found accused/applicant Nitesh Verma purchased two stolen motorcycles from co-accused Devendra Sahu, hence, this bail application. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that there is no connection of the present applicant in the crime. He later submits that two co-accused persons, namely, Sanjay Verma and Rupesh Verma has already been granted bail by the trial Court. It is further stated that the applicant has no previous criminal antecedents, the charge-sheet has been filed and the applicant is in jail since 15.04.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application. 5 I have heard learned counsel for the parties and perused 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 the applicant has no previous criminal antecedents, further 3 two co-accused persons, namely, Sanjay Verma and Rupesh Verma has already been granted bail by the trial Court, the charge-sheet has been filed and the applicant is in jail since 15.04.2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 7 Accordingly, the bail application is allowed. Let the applicant - Nitesh Verma @ Nikesh, involved in Crime No. 77/2025 (correctly mentioned), registered at Police Station – Somni District Rajnandgaon (C.G.) for the offence punishable under Section 35(1), 303(2), 317(2) of Bharatiya Nyay Sanhita, 2023 and 35(2)(D) of Bharatiya Nagarik Suraksha 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 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 sufficient cause, the trial court may proceed against his 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 4 the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against his, 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 his 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 Preeti