1 2025:CGHC:21683 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3694 of 2025 Sheikh Faijan S/o Aashif Siddhiqui Aged About 19 Years R/o Gokul Nagar, Tikrapara, P.S. Tikrapara, District Raipur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Civil Line Raipur, District Raipur (C.G.) ... Non-applicant For Applicant : Ms. Khushbu Sahu, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.05.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 74/2025, registered at Police Station : Civil Line Raipur, District Raipur, (C.G.) for the offence punishable under Sections 305, 331(4) and 3(5) of Bhartiya Nyay Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant lodged a report at the concerned police station alleging that, on the date of the incident, unknown persons entered his house and committed theft of gold, silver, a cash amount of Rs. 62,000/-, and a laptop. Based on the complaint, the police registered a case under RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Sections 305, 331(4), and 3(5) of the Bharatiya Nyay Sanhita, 2023, against unknown persons. During the course of investigation, the present applicant was arrested on the basis of a memorandum statement. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He also submitted that the present applicant has neither entered in house nor committed stolen of any article of the complainant’s house, and the prosecution has not collected the sufficient material from the possession of the applicant regarding theft of the said article. He further submits that the entire prosecution story is false and concocted, there is no evidence on record to suggest that the applicant is involved in the aforementioned crime. He later submitted that the present applicant has no criminal antecedent. He further submits that the charge-sheet has been filed and the applicant is in jail since 20.02.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of regular bail. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. He further submits that the present applicant has committed theft of gold, silver, a cash amount of Rs. 62,000/-, and a laptop. He further submits that about Rs. 1000/-, one gold chain and laptop have been recovered from the possession of the present applicant. Therefore, the present 3 applicant is not entitled to be granted regular bail in this case. 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 that though the cash amount Rs. 1000/-, one gold chain and laptop was recovered from the possession of the present applicant, but the present applicant has no previous criminal antecedent and the charge-sheet has been filed before the competent Court and he is in jail since 20.02.2025 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Sheikh Faijan, involved in Crime No. 74/2025, registered at Police Station : Civil Line Raipur, District Raipur, (C.G.) for the offence punishable under Sections 305, 331(4) and 3(5) of Bhartiya Nyay 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan