1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3776 of 2025 Shubham Kumar Kurrey S/o Neelaram Kurrey Aged About 23 Years (But 33 Years Wrongly Mentioned In Lower Court Order) R/o Village Bagdabari Ward No. 02 Police Station Balouda District - Janjgir Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Office Police Station - Champa District Janjgir - Champa (C.G.) ... Respondent(s) For Applicant : Mr. Kamlesh Kumar Pandey, Advocate For State : Mr. Sanjeev Pandey, Dy. AG Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 13/05/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 157/2025 registered at Police Station Champa, District Janjgir- Champa, CG for the offences punishable under Sections 303(2), 111(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case, in brief, is that on 23.04.2025, the PAWAN KUMAR Digitally signed by PAWAN KUMAR Date: 2025.05.13 18:16:19 +0530 2 complainant lodged a report that he is the operator of Tata Commercial Motors Mahamaya showroom at Hatnewra Chowk Champa, in front of whose showroom vehicles are parked daily day and night, that on 23.04.2025 at 05.18 am, the trailer number RJ47GA1150 and vehicle number RJ27GC6581 were parked near the gate of Mahamaya Motors showroom, when unknown persons came in a white Scorpio and stole about 200 liters from the trailer vehicle number RJ47GA1150 and 250 liters from vehicle number RJ27GC6581 totaling 450 liters of diesel worth Rs 45000/-, a report was lodged in this regard by the driver. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the aforementioned case. He submits that the applicant has to appear in the examination of B.A. Second Semester going to be held in the month June 2025, copy of which is annexed as page No. 27 and time table has also been annexed. He further submits that the examination is to commence on 20.05.2025. It is submitted that the applicant is also suffering from sickle cell disease, medical documents of which have also been annexed. He further submits that the applicant is in jail since 26.04.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge - sheet has not been filed. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Though the charge-sheet has not been filed but this Court take into account that the applicant has to appear in the examination of B.A. Second Semester and further considering that he is an ailing person and has no criminal antecedents; and that the applicant has been languishing in jail since 26.04.2025, and that conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Shubham Kumar Kurrey, involved in Crime No. 157/2025 registered at Police Station Champa, District Janjgin- Champa, CG, for the offences punishable under Sections 303(2), 111(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, 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. (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. 4 (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 Pawan