1 2025:CGHC:33467 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3866 of 2025 Komal Kumar @ Golu S/o Bhisham Lal Thakur Aged About 23 Years Marauda, Near Halba Bhawan, Police Station Durg, District Durg Chhattisgarh ... Applicant versus State Of Chhattisgarh Through SHO, Police Station Newai, District Durg (C.G.) ... Non-Applicant For Applicant : Mr. Shikhar Bakhtiyar, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.07 .202 5 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 - 51/2025, registered at Police Station – Newai, District Durg (C.G.) for the offence punishable under Sections 303(2) of Bharatiya Nyaya Sanhita, 2023. 2. As per the case of prosecution, the complainant, namely, Pushpendra Singh aged about 20 years has lodged a report before the Police station Newai, alleging that he has parked his Activa bearing registration No. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.17 15:06:14 +0530 2 CG/07/AW/0931 outside the house of his uncle and when he returned after one and half hour, his Activa was not parked there and some unknown person has stolen it. Subsequently, upon investigation, the police registered an FIR and filed a charge-sheet against the present applicant Komal Kumar for offence punishable under Sections 303(2) of the Bharatiya Nyaya Sanhita. 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 the applicant has no role in the alleged theft of Activa, nor does any direct evidence exist which may connect him to the commission of the offence. He further submitted that the applicant has three previous criminal antecedents, out of which in two cases he is on bail and in one case he has been acquitted, the same has been explained in covering memo of this bail application. He also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 07.03.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicant. He further submits that the allegation against the applicant is that he committed theft of an Activa scooter. He further submits that the applicant has four previous criminal antecedents, hence, he 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 though the applicant is accused of stealing an Activa scooter, but considering the fact that the applicant has three previous criminal antecedents, out of which in two cases he is on bail and in one case he has been acquitted, further, the charge-sheet has been filed and he is in jail since 07.03.2025 and conclusion of the trial is likely to take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant - Komal Kumar @ Golu, involved in Crime No - 51/2025, registered at Police Station – Newai, District - Durg (C.G.) for the offence punishable under Section 303(2) 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 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 4 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 Preeti