1 2025:CGHC:21456 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3614 of 2025 Bhur Singh Chauhan S/o Bhuwan Singh Chauhan Aged About 30 Years R/o Village- Pipaldaliya, Post- Narwali, Police Station- Tanda, District- Dhar, Madhya Pradesh Pin- 454116. (Particulars Of The Applicant Is Mentioned Correctly As Per Chargesheet) (Wrongly Mentioned In Order Sheet) ... Applicant versus State of Chhattisgarh Through Police Station- Bhilai Nagar, District- Durg, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Anmol Sharma, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.05 .202 5 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 – 272/2024, registered at Police Station – Bhilai Nagar, District- Durg (C.G.) for the offence punishable under Sections 457, 380, 411, 414 and 34 of Indian Penal Code. (As per charge-sheet). PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.05.09 19:26:02 +0530 2 2. The case of the prosecution, is that, the complainant Mayuresh Sonal on 17.06.2024, Lodged a written complaint before the Police Authorities stating that on 14.06.2024 he went along with his family to Hyderabad and on 17.06.2024 he received a call from his neighbor stating that the door of his house was open and it look like someone has committed theft in his house. As soon as he got the information he returned and went to his house and found that someone has stolen gold and silver ornaments worth approximately Rs. 24,00,000/- from his house. Accordingly, FIR has been lodged by the police authorities against unknown accused persons. During the course of investigation, a suspect named Bhangu Davar was arrested and he confessed to committing robbery along with other co-accused persons. Further in his memorandum statement the accused has told the fact that he has sold his share of jewelry to the present applicant and such the present applicant has been arrested. That after of completion of investigation the police authorities have filed charge- sheet for the offence as mentioned above in the application. The present applicant was arrested on 27.09.2024 and sent him to judicial custody. 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 submits that the applicant has been roped in three cases upon the memorandum statement of the co-accused persons. He further submits that the applicant has been granted bail by this Court vide order dated 03.01.2025 passed in MCRC No. 8684/2024. He also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 27.09.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail 3 application of the applicant. He further submits that the applicant has three previous criminal antecedents. Therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of 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 period of detention and also considering the fact that the applicant has been roped in three cases upon the memorandum statement of the co-accused persons and the applicant has been granted bail by this Court vide order dated 03.01.2025 passed in MCRC No. 8684/2024, further the charge-sheet has been filed against the applicant, the applicant is in jail since 27.09.2024 and conclusion of the trial is likely to take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the bail application is allowed. Let the applicant - Bhur Singh Chauhan, involved in Crime No – 585/2024, registered at Crime No – 272/2024, registered at Police Station – Bhilai Nagar, District- Durg (C.G.) for the offence punishable under Sections 457, 380, 411, 414 and 34 of Indian Penal Code. (As per charge-sheet), be released on bail on his furnishing a personal bond with two local 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 4 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 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 Preeti