1 2025:CGHC:28760 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3898 of 2025 Devraj Dahariya S/o Rajendra Dahariya Aged About 29 Years R/o Village Kevradih, Police Station Kharora District Raipur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Kharora, District Raipur, Chhattisgarh ... Respondent For Applicant : Smt. Renu Kochar, Advocate. For Respondent/State : Shri S.S. Baghel, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/06/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.182/2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.28 15:46:46 +0530 2 Kharora, District Raipur (C.G.) for the offence punishable under Sections 331(6), 310(2), 61(2) of BNS Act 2023 and Section 25 & 27 Arms Act. 2. Case of the prosecution, in brief, is that 27.03.2025 to 28.03.2025 at night when complainant namely Radheylal Bhardwaj who is the resident of Village Kevradih Police Station Kharora District Raipur was sleeping at this house along with family member, thereby some unknown people bearing black mask along with weapon has entered into the house of complainant and looted Rs. 6 lacks and Rs. 2 lacks jewelery. And FIR was registered on 28.03.2025 vide Crime No. 182/2025 in Police Station Kharora District Raipur (C.G.) under Section 331(6), 310(2) of IPC. That on memorandum statement present applicant has been arrested, Section 61(2) of BNS and Section 25 & 27 of Arms Act was added. Hence this bail application. 3. Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated in the present case. She would submit that the FIR was lodged against unknown person and there has been no description of any person given in the FIR which would link the present applicant from the aforesaid crime. She would submit that there has been no test identification parade conducted by the investigating agency to identify whether the present applicant is the author of crime and it is alleged that Rs. 5000/- and iron sickle was seized but there has been no test identification parade conducted of the stolen articles 3 which would link whether the money which has been recovered from the present applicant is the same which was stolen. She would submit that the applicant is in jail since 30/03/2025, there is no criminal antecedents against the applicant, charge sheet has been filed and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He would submit that there is no previous criminal antecedent against the present applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, there is no previous criminal antecedent against the present applicant, period of detention of the applicant since 30/03/2025, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Devraj Dahariya, involved in Crime No.182/2025 registered at Police Station Kharora, District Raipur (C.G.) for the offence punishable under Sections 331(6), 310(2), 61(2) of BNS Act 2023 and Section 25 & 27 Arms Act, be released on bail on his furnishing a personal bond with two sureties in 4 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 statement under Section 351 of BNSS. If in the opinion of the trial court 5 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri