1 2025:CGHC:4451 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 677 of 2025 1 - Aakash Chaudhary S/o Netram, Aged About 23 Years Resident Of House No. 2034, V.F.J. Road Purani Basti, Jhanda Chowk, Monegaon, P.S. Ranjhi, Jabalpur (M.P.) 2 - Sourabh Chaudhary, S/o Dashrath Prasad Chaudhary, Aged About 25 Years Resident Of House No. 2034, V.F.J. Road Purani Basti, Jhanda Chowk, Monegaon, P.S. Ranjhi, Jabalpur (M.P.) ... Applicants versus State Of Chhattisgarh Through - Station House OfÏcer, P.S. Lalbag District Rajnandgaon (C.G.) ... Non-applicant For Applicant(s) : Mr. Mirza Hafeez Baig, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.01.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 443/2024 registered at Police Station – Lalbagh, District Rajnandgaon (C.G.), for the offence punishable under Sections 399, 402 of the IPC and Section 25 of Arms Act. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Case of the prosecution, in brief, is that on 28.09.2024, as per secret information received by the informant during patrolling about 6.30 pm, the unknown persons entered in the house of the complainant by breaking lock and committed theft of cash amount of Rs. 2,40,000/- and some gold ornament from his house. Based upon such report, police has registered the aforesaid offence against the accused persons. 3. Learned counsel for the applicant submits that the applicants are innocent and they have been falsely implicated in this case. He further submits that only on the basis of memorandum statement of the accused persons, the applicants have made as accused in connection of crime based upon the false and baseless allegation. He further submits that there is no ingredient of offence punishable under Sections 399, 402 of the IPC and Section 25 of Arms Act and further the police has not seized any said article from the possession of the applicants moreover, one of the co-accused has already been granted bail by the learned trial Court and the applicants are in jail since 03.10.2024 and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicants. 4. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicants and submits that in the present case, charge-sheet has been filed before the competent Court and both the applicants have one criminal antecedent for a similar nature of the year 2017. She further submits that the applicants along with co-accused have committed theft at complainant’s 3 vacant house, where approximately ₹2,40,000/- cash and gold- silver jewelry were stolen. During the investigation, the accused, Saurabh Choudhary and Akash Choudhary, were questioned, leading to the recovery of stolen gold-silver jewelry and cash. A bag containing stolen jewelry and cash was found at Saurabh Choudhary's rented house, while Akash Choudhary was found to be hiding stolen jewelry and cash in a clay pot. Hence, they are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary and the bail application of the applicants. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 03.10.2024 and the fact that in the present case, charge- sheet has been filed before the competent Court and both the applicants have one-one criminal antecedents for a similar offence, which is of the year 2017 and moreover, one of the co-accused has already been granted bail by the learned trial Court and no further interrogation is required and the trial is likely to take some time for its conclusion, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicants. 7. Let the applicants, Aakash Chaudhary and Sourabh Chaudhary, involved in Crime No. 443/2024 registered at Police Station – Lalbagh, District Rajnandgaon (C.G.), for the offence punishable under Sections 399, 402 of the IPC and Section 25 of Arms Act, be released on bail on their furnishing a personal bond with two 4 local sureties each in the like sum to the satisfaction of the court concerned with the following conditions:- (i)The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 84 of Bharatiya Nyaya Sanhita is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicants 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 5 opinion of the trial court absence of the applicants are deliberated or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal