1 2025:CGHC:22014 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3835 of 2025 David Kamandra S/o Shri Ramniwas Kamandra Aged About 19 Years R/o Village- Bagdabri, Thana- Balouda, Distt.- Janjgir-Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station- Champa, Distt.- Janjgir-Champa (C.G.) ... Respondent(s) For Applicant : Mr. Vikash A. Shrivastava, Advocate For State : Mr. Santosh Soni, GA Hon'ble Shri 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 applicant who has been arrested in connection with Crime No. 157/2025 registered at Police Station Champa, District Janjgir- Champa, CG for the offences punishable under Sections 303(2), 111(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. PAWAN KUMAR Digitally signed by PAWAN KUMAR Date: 2025.05.13 18:20:31 +0530 2 2. The prosecution's case, in brief, is that complainant Director of Tata Comercial Motors Mahamaya Show Room situated at Hathnewra Chowk Champa has lodge the report on 23.04.2025 with the averment that infront of his Show Room the some thief persons have committed the theft of diesel from the stationary vehicle about 450 Liter amounting Rs. 45,000/- and on the basis of the information given by drivers report is made than the police Inquire from the CC TV photos and seen that some persons were removing the diesel from the vehicle by broken the lock and the vehicle in which the persons came having registration No. CG-12-BK-8350 so the said vehicle was search and co accused Shubham was arrested his memorandum statement is recorded and the applicant was also arrested for the alleged commission of offence. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the aforementioned case. He submits that the co-accused namely Shubham Kumar Kurrey has been granted bail by this Court in MCRC No. 3776 of 2025. He further submits that the applicant is in jail since 26.04.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge - sheet has not been filed. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, and facts that this Court take into account that the co-accused namely Shubham Kumar Kurrey though has been granted bail on different footing but considering the nature of allegation leveled against the applicant; charge-sheet has not been filed, and he has no criminal antecedents; and that the applicant has been languishing in jail since 26.04.2025, and that conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – David Kamandra, involved in Crime No. 157/2025 registered at Police Station Champa, District Janjgin- Champa, CG, for the offences punishable under Sections 303(2), 111(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 his under 4 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 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 Pawan