1 2025:CGHC:28300 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3671 of 2025 Himanshu Jagat S/o Rupesh Gond Aged About 22 Years (Not Mentioned In Impugned Order), R/o Ved Prasade Ganga Sagar Road Tekari, Masturi, District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station- Khamtarai, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Arvind Shrivastava, Advocate. For Non-applicant/State. : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.06.2025 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. 339/2025 registered at Police Station- Khamtarai, District – Raipur (C.G.), for the offences punishable under Sections 303(2), 317(4) & 112 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's story is that on 09.04.2025, in police station Khamtarai, District Raipur (C.G.), the complainant Vikas Singh, lodged a complaint against unknown person stating that on 06.04.2025 at 01:00am, he parked his two-wheeler Honda Shine having registration no. CG-04-MU-6260, near the office at Bhanpuri Vikas Road Line, and VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.27 20:37:56 +0530 2 left to visit his relative admitted in the AIMS hospital. When he returned, his bike was missing from its parked place. The complaint was registered as FIR No. 339/2025 u/s 303(2) of BNS against unknown person. During investigation, on the basis of confession by Applicant, the alleged stolen motorcycle was seized from possession of the Applicant. Further, offence u/s 317(4) & 112 of BNS was added against the accused person. Thereafter, the Applicant was arrested on 13.04.2025, by police station Khamtarai, District Raipur (C.G.), Subsequently, the Applicant moved an application for regular bail which was rejected firstly by learned Court of JMFC and subsequently by learned 6th ASJ, Raipur vide order dated 25.04.2025 (Annexure A/1) 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 FIR has been lodged against unknown person thus it is essential for the prosecution to establish a clear link between the accused and the stolen vehicle through direct or fully reliable circumstantial evidence having a complete chain to indicate that only accused and none else is the author of crime. He further submits that the allegation of the offence which has been registered against the applicant are not sustainable. That the applicant being innocent denies the commission of the offence and submit that he has been falsely implicated, the applicant has no prior criminal record and the applicant is in jail since 13.04.2024, 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 3 of the present applicant and submits that the charge -sheet has already been submitted before the competent Court in the present case. He further submits that the present applicant is allegedly involved in the theft of motorcycles in several cases, and three motorcycles were also seized from his possession, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and the fact that the applicant has no prior criminal record. Moreover, the charge-sheet has already been submitted before the competent Court in the present case, and the applicant has been languishing in jail since 13.04.2025 and 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 – Himanshu Jagat , involved in Crime No. 339/2025 registered at Police Station- Khamtarai, District – Raipur (C.G.), for the offences punishable under Sections 303(2), 317(4) & 112 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 4 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. (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 vaibhav