1 2025:CGHC:25481 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4201 of 2025 Krishn Kumar Raj S/o Kapil Dev Aged About 30 Years R/o Meerganj, Thana Gogari, District Khadadiya (Bihar) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station G.R.P. District Raigarh (Chhattisgarh ... Non-Applicant(s) For Applicant : Mr. Ashish Gupta, Advocate For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/06/2025 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. 3/2025 registered at Police Station- G.R.P., District- Raigarh (C.G.), for the offence punishable under Sections 305 (c), 112, 313 read with Section 3(5) of BNS. 2. Case of the prosecution, in brief is that on 07.02.2025, the complainant namely Saurabh Singh was travelling from Bilaspur to Jharsuguda in train No. 58214 Bilaspur-Titlagarh Passenger, when KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 he arrived near railway station Robertson at that time he came to know that the ornaments of gold amounting of Rs. 6,00,000/- was stolen by some unknown persons therefore, complainant has lodged the report before the G.R.P. During the course of investigation, police has arrested the applicant and recorded the memorandum statement and seized ornaments from the possession of applicant. The charge-sheet has been filed against the accused under Sections 305 (c), 112, 313 read with Section 3 (5) of the B.N.S. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the instant case. He further submits that the prosecution has wrongly determined the price of alleged ornament, however the complainant have not produced the receipt of the said ornaments and the incident occurred in the public place i.e. train there are number of passenger are travelling in it. The name of applicant has been mentioned in the F.I.R. only on the basis of memorandum statement of the co- accused person, however the whole incident took place in the dark night therefore identification of the applicant is doubtful. He further submits that the incident took place in the night and prosecution has not conducted any test identification parade of the persons, only on the basis of suspicious, the applicant has been involved in the present crime. The alleged offences have not been made out against the present applicant because no any article has been recovered from the possession of present applicant and he is in jail since 08.12.2025 further the co-accused persons have already 3 been granted bail by this Court in MCRC No. 3709/2025 and the case of the applicant is identical to that of the co-accused and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court further the applicant has no criminal antecedents. Hence, it does not seem possible to grant bail to the applicant thus, his bail application is liable to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 08.12.2025 and the recovery made from the accused and further the fact that the co-accused namely Chaturi Mandal, Rabin Mandal, Satish Kumar and Deepak Kumar have already been granted bail by this Court being MCRC No. 3709/2025 vide order dated 13.05.2025 and the case of the applicant is similar to that case of co-accused who have been granted bail and in the present case, charge-sheet has been filed before the competent Court further the applicant has no criminal antecedents, thus without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Let the applicant – Krishn Kumar Raj, involved in Crime No. 3/2025 registered at Police Station- G.R.P., District- Raigarh (C.G.), 4 for the offence punishable under Sections 305 (c), 112, 313 read with Section 3(5) of BNS., be released on bail on his furnishing a personal bond with two local 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 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 5 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. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal