1 2025:CGHC:22047 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3709 of 2025 1. Chaturi Mandal, S/o Shivnandan Mandal, Aged About 40 Years, R/o Padiya, Thana Bariyapur, District Munger (Bihar). 2. Rabin Mandal, S/o Shrawan Kumar Mandal, Aged About 28 Years, R/o Padiya, Thana Bariyapur, District Munger (Bihar). 3. Satish Kumar, S/o Naresh Mandal, Aged About 39 Years, R/o Padiya, Thana Bariyapur, District Munger (Bihar). 4. Deepak Kumar, S/o Late Upendra Mandal, Aged About 32 Years, R/o Padiya, Thana Bariyapur, District Munger (Bihar). ... Applicants versus • State Of Chhattisgarh, Through Station House Officer, Police Station G.R.P. Raigarh, District Raigarh (C.G.). ... Non-applicant (Cause title taken from Case Information System) For Applicants : Mr. Ashish Gupta, Advocate. For State/Non- applicant : Ms. Shailja Shukla, Deputy Government Advocate. Hon'ble Mr. 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 applicants, who have been arrested in connection with Crime DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA 2 No.03/2025 registered at Police Station G.R.P., District Raigarh (C.G.), for the offences punishable under Sections 305(c), 112, 313 read with Section 3(5) of the Bhartiya Nyay Sanhita, 2023. 2. The prosecution's case is that on 07.02.2025, the complainant Saurabh Singh was travelling from Bilaspur to Jharsuguda by train bearing Train No.58214 (Bilaspur-Titlagarh Passenger), when the train arrived near Railway Station Robertson, at that point of time he came to know that their ornaments of gold amounting to Rs.6,00,000/- was stolen by some unknown persons, therefore, he lodged the report before the police station G.R.P., District Raigarh (C.G.). Thereafter, during the course of investigation, police arrested the present applicants on 08.02.2025, recorded the memorandum statement and seized some gold ornaments from their possession. Subsequently, charge sheet has been filed against the present applicants under Sections 305(c), 112, 313 read with Section 3(5) of the Bhartiya Nyay Sanhita, 2023. 3. Learned counsel for the applicants would submit that the present applicants are innocent persons and they have been falsely implicated in the aforesaid crime case. He further submits that the incident took place in the dark night at public place and the name of present applicants have been mentioned only on the basis of memorandum statement of co-accused persons, in the case registered against the applicants. It is further submitted that no Test Identification Parade of applicants has been conducted and only on the basis of suspicion present applicants have been made involved in the present crime. He further submits that all the present applicants are in jail since 08.02.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 3 4. On the other hand learned State counsel opposes the bail application of the present applicants and submits that the charge sheet has already been submitted in the present case. She further submits that there is one criminal antecedent against Applicant No.1/Chaturi Mandal, three criminal antecedent against Applicant No.2/Rabin Mandal, one criminal antecedent against Applicant No.3/Satish Kumar and two criminal antecedent against Applicant No.4/Deepak Kumar, therefore, they are not entitled for grant of regular bail, hence, it may be rejected. 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, particularly, considering the fact that no Test Identification Parade has been conducted. Further considering the fact that the incident took place in the dark night at public place. Also considering the fact that charge sheet has already been submitted in the present case before the competent Court and the applicants are in jail since 08.02.2025, conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicants are entitled to be released on bail in this case. 7. Let the Applicant No.1/Chaturi Mandal, Applicant No.2/Rabin Mandal, Applicant No.3/Satish Kumar and Applicant No.4/Deepak Kumar involved in Crime No.03/2025 registered at Police Station G.R.P., District Raigarh (C.G.), for the offences punishable under Sections 305(c), 112, 313 read with Section 3(5) of the Bhartiya Nyay Sanhita, 2023, be released on bail on their furnishing personal bond 4 with two local sureties each in the like sum 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their 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 5 of liberty of bail and proceed against them in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously, as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. 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