1 2025:CGHC:33451 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4496 of 2025 Anand Das Mahant S/o Jhangal Das Aged About 20 Years R/o Bazar Ke Niche Parsabhatha, Pe Balconagar, District Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Police Station Balco Nagar, District Korba (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Vikas Kumar Pandey, Advocate. For Respondent(s) : Mr. Swajeet Singh Ubweja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.07.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 247/2025 registered at Police Station Balco Nagar, District- Korba (C.G.), for the offence punishable under Sections 331(4), 305 of B.N.S. 2. Case of the prosecution, in brief, is that the complainant lodged an FIR against the unknown persons stating therein that on 03.04.2025 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 at around 5:00 PM, he had gone to Odekeraj Jaijaipur along with his family for some domestic work. When he returned on 17.04.2025 at around 2:00 PM, he found that the latch on the door was open. Upon entering the house, he noticed that the household items were scattered and in disarray. The locks of both rooms inside the house were found broken. The lock of the almirah (cupboard) was also broken. Cash amounting to ₹10,000/- kept inside the almirah and ₹4,000/- kept inside the divan were found missing. In addition, several household utensils such as three kansa (bronze) plates, one kansa water pot, one brass ghaghra (water container), one brass bucket, one dinner set, etc., all worth approximately ₹30,000/- were also stolen by some unknown person. In connection with this incident, a criminal case bearing Crime No. 247/2025 has been registered against the applicant/accused at Police Station Balko Nagar, Korba, under Sections 331(4) and 305 of the Bharatiya Nyaya Sanhita (BNS). 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant is aged about 20 year and he is in jail since 17.04.2025 and his long detention in jail with hard criminal his family life will be spoiled. He further submits that the applicant is main member of his family, he supports his family by working as a labourer. He further submits that the complainant has not identified of the theft article and in the present case, charge-sheet has been filed before the competent Court and the applicant has no previous 3 criminal antecedent and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and submits that from perusal of the case diary, it transpires that the applicant along with co-accused committed theft of the complainant’s house by breaking it of Rs.14,000/-cash and utensils worth around ₹30,000/- Accordingly, he is not entitled for grant of bail. 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, period of detention of the applicant since 17.04.2025 and the fact that in the present case, charge- sheet has been filed before the competent Court and the applicant has no previous criminal antecedent and no further interrogation is required and the trial is likely to take some time for its conclusion, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Let applicant, Anand Das Mahant, involved in Crime No. 247/2025 registered at Police Station Balco Nagar, District- Korba (C.G.), for the offence punishable under Sections 331(4), 305 of B.N.S., 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 4 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal