1 2025:CGHC:21450 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3626 of 2025 Pradeep Choudhary @ Aman Chaoudhary S/o Vidyasagar (Not Mentioned In The Ordersheet) Age 18 Years 6 Months R/o Brinda Nagar, Camp 1, Near Diya Grocery Store, Chhawani Police Station Chhawani (Spelling Wrongly Mentioned In The Order) District Durg CG ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Supela Chowki, Smriti Nagar Durg (CG) ... Respondent For Applicant : Ms. Anuja Sharma, Advocate. For Respondent/State : Mrs. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/05/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.09 18:49:42 +0530 2 connection with Crime No.1387/2024 registered at Police Station Supela Chowki, Smriti Nagar Durg for the offence punishable under Sections 331(4), 305, 111, 238 of BNS, 2023. 2. Case of the prosecution, in brief, is that when the wife of the Complainant went to Odisha to visit him on 23.12.2024 after handing over keys of the house to their maid. On 28.12.2024 maid informed his wife that on 27.12.2024 she left the house at 5PM and when she reached on 28.12.2024 she found that the locks were broken and she suspected theft. When the Complainant reached home he found that a due to theft articles worth Rs 10,83,596, including jewelry, passbook, cheque-book etc were missing. On the basis of the aforesaid the present FIR was registered on 30.12.2024 and after completion of the investigation the Police had filed chargesheet on 01.03.2025 wherein many gold and silver jewelry were seized from the present applicant. 3. Learned counsel for the applicant submits that there are total of 4 accused persons out of which 2 have already been enlarged on bail and they are similarly placed as the present applicant. She would submit that the FIR was registered against unknown persons and the present applicant has been falsely implicated in the commission of the offence. It is submitted that merely to implicate the present applicant the alleged seizure of jewelry was shown from the present applicant. She would submit that the applicant has no past criminal record apart from one wherein he was a juvenile. She would submit that the applicant is in jail since 3 02/01/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She would submit that there is one previous criminal antecedent against the present applicant. 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 offence, considering the fact that two co-accused have already been granted bail by the court below and case of the applicant is identical to that of the co-accused as the recovery which was made from the co-accused is same as that of the present applicant and it is stated that only on account of one criminal antecedent his bail was rejected, considering the period of detention of the applicant since 02/01/2025, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Pradeep Choudhary @ Aman Chaoudhary, involved in Crime No.1387/2024 registered at Police Station Supela Chowki, Smriti Nagar Durg for the offence punishable under Sections 331(4), 305, 111, 238 of BNS, 2023, be released 4 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 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri