1 2025:CGHC:22024 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3784 of 2025 1 - Harilal Bagh S/o Santulal Aged About 21 Years R/o Village Salkhand, P.S. Basna, District Mahasamund Chhattisgarh 2 - Rakesh Sidar S/o Santulal Sidar Aged About 18 Years R/o Village Salkhand, P.S. Basna, District Mahasamund Chhattisgarh ... applicants versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Basna (Chowki Bhawanpur), District Mahasamund (C.G.) ...non-applicant For applicants : Mr. Sudhir Kumar Sahu, Advocate For non-applicant/ State : Mr. Satish Gupta, Govt. Advocate 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. 105/2025 registered at Police Station : Basna (Chowki Bhawanpur), District Mahasamund (C.G.) for the offence punishable under SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.05.14 12:40:04 +0530 2 Sections 305, 331(4), 258, 238, 3 (5) of the Bhartiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, in brief, is that the complainant has lodged report to the concerned police station that on the date of incident, the unknowns persons entered in choice Centre shop and committed theft of cash Rs. 40,000/- and on the basis of complaint made by the complainant, the police has registered the case under section 331(4), 305, 258 238, 3(5) of B.N.S. against the unknown person and during investigation, the police has arrested the present applicants on the memorandum of the statement. 3. Learned counsel for the applicant submits that the applicants are innocent and only on the basis of memorandum statement and merely suspicion, the applicants have involved in the present case. He further submitted that the police has not seized any article from the applicants and they have not committed theft of the seized article. He further submits there was no previous criminal history of the present applicants. The applicants are in jail since 20/03/2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the there was no criminal history of the present applicants, further, the charge-sheet has already been submitted in the present case before the competent Court and the present applicants have been in jail since 20/03/2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicants are entitled to be released on bail in this case. 7. Let applicant No. 1- Harilal Bagh and applicant No. 2- Rakesh Sidar, involved in Crime No. 105/2025 registered at Police Station : Basna (Chowki Bhawanpur) District Mahasamund (C.G.) for the offence punishable under Sections 305, 331(4), 258, 238, 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on their furnishing a personal bond with two sureties each in the like amount 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under 4 Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. 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 209 of the 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 opinion of the trial court absence of the applicants are 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 sagrika