1 2025:CGHC:21689 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3684 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 charge sheet) (wrongly mentioned in order sheet) ... Applicant versus State Of Chhattisgarh Through Police Station- Bhilai Nagar, District Durg, Chhattisgarh. ... Respondent For Applicant : Shri Anmol Sharma, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/05/2025 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 connection with Crime No.273/2024 registered at Police Station Bhilai Nagar, District Durg GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.12 12:23:37 +0530 2 (C.G.) for the offence punishable under Sections 457, 380, 411, 414 & 34 IPC (As per Chargesheet). 2. Case of the prosecution, in brief, is that the complainant on 18.06.2024, lodged a written complaint before the Police Authorities stating that on 15.06.2024 he went along with his family to West Bengal and on 17.06.2024 he received a call from his colleague 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 on 18.06.2024 and went to his house and found that someone has stolen gold and silver ornaments and imported watch worth approximately Rs. 12,00,000/- 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 as such the present applicant has been arrested. That after completion of investigation the police authorities have filed chargesheet 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. Learned counsel for the applicant submits that there are three cases registered against the applicant and in two cases he has been granted bail by this Court vide MCRC No.8684/2024 on 03/01/2025 and MCRC No.3614/2025 on 8/05/2025. He would submit that the applicant is in jail since 27/09/2024, charge sheet has been filed and conclusion of 3 trial will take some time, therefore, he 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. 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, also considering the fact that there are three cases registered against the applicant and in two cases he has been granted bail by this Court vide MCRC No.8684/2024 on 03/01/2025 and MCRC No.3614/2025 on 8/05/2025, period of detention of the applicant since 27/09/2024, 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-Bhur Singh Chauhan, involved in Crime No.273/2024 registered at Police Station Bhilai Nagar, District Durg (C.G.) for the offence punishable under Sections 457, 380, 411, 414 & 34 IPC, be released 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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri