1 2025:CGHC:1487 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 169 of 2025 Kapil Dutt Soni S/o Vishnu Dutt Soni Aged About 18 Years R/o Deendayal Colony, House No. LIG-57, Mangla, Thana Civil Line, District Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Civil Line, Distt. Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. T.R. Patel, Advocate. For Non-Applicant/State : Ms. Smriti Srivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 1117/2024, registered at Police Station – Civil Line, Distt. Bilaspur (C.G.) for the offence punishable under Sections 331(4), 250(,), 317(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, is that on 26.10.2024 the complainant, namely, Sanjay Sahu has lodged the written report against the unknown persons stating that the unknown person made theft of jewelry articles on PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.10 16:19:35 +0530 2 26.10.2024 from his house. Thereafter, Police has lodged the F.I.R. against the unknown person and after investigation Police arrested Vedant @ Lalla Jaiswal, on the basis of memorandum of Vedant the present applicant and other accused persons also implicated in this case. 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 further submitted that only on the basis of memorandum of co-accused person, the present applicant has been implicated in this case. He also submits that co-accused person, namely, Krishn Dutt Soni has already been granted bail by this Court vide order dated 03.01.2025 passed in MCRC No. 8562/2024. He also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 13.11.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits the charge-sheet has been filed in this case. She further submitted that the present applicant has purchased the stolen jewelry articles from co-accused Vedant @ Lalla Jaiswal. She also submits that the present applicant has 02 previous criminal antecedents under the IPC in the State of M.P which are pending, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that 3 one of the co-accused, namely, Krishn Dutt Soni has already been granted bail by this Court vide order dated 03.01.2025 passed in MCRC No. 8562/2024, further the applicant has 02 previous criminal antecedents under the IPC in the State of M.P which are pending, the charge-sheet has been filed in this case and the applicant is in jail since 13.11.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant, Kapil Dutt Soni, involved in Crime No. 1117/2024, registered at Police Station – Civil Line, District- Bilaspur (C.G.) for the offence punishable under Sections 331(4), 250(,), 317(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, 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 each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient 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, 4 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 sufÏcient 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. OfÏce 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 Preeti