1 2025:CGHC:22092 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3902 of 2025 1 - Laxminarayan S/o Surajman Kashyap Aged About 34 Years R/o Gram Kuriyari, Police Station Shivrinarayan, District Janjgir-Champa, Chhattisgarh ... applicant versus 1 - State Of Chhattisgarh Through Police Station Shivrinarayan, District Janjgir-Champa, Chhattisgarh ... Non- applicant For applicant : Mr. Amishan Hussain, Advocate For Non-applicant : Mr. Keshav Gupta, Govt. Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 15.05.2025 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 applicant who has been arrested in connection with Crime No. 43/2025 registered at Police Station : Shivrinarayan, District Janjgir-Champa (C.G.) for the offence punishable under Sections 305(A), 331(4), 3 / 5 of the Bhartiya Nyaya Sanhita, 2023 (BNS). SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.05.15 17:19:40 +0530 2 2. The prosecution's case in brief, is that the complainant from dated 20.02.2025 to 23.02.2025 was not present at his house and after returning to his house he saw that some unknown persons has entered into his house and has stolen jewellery and cash total worth of rupees 95,000/- by breaking the almirah and cash drawer. That on the basis of the said complaint a FIR has been registered against unknown person on dated 24.02.2025 as FIR no. 43/2025 for the offence under section 331 (4), 305 (A), 3/5 of Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the present applicant has no criminal antecedents. He also submits that Rs. 500/- and a crowbar (sabbal) were seized from the applicant is entirely insufficient to establish the guilt of the applicant. The applicant is in jail since 25.02.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedent, further, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 25.02.2025, the trial is likely to take sometime for 3 its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Laxminarayan, involved in Crime No. 43/2025 registered at Police Station : Shivrinarayan, District Janjgir-Champa (C.G.) for the offence punishable under Sections 305(A), 331(4), 3 / 5 of the Bhartiya Nyaya Sanhita, 2023 (BNS), be released on bail on his furnishing Ariala personal bond with two sureties in the like amount 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 NyayAriala 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. 4 (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 sagrika