1 2025:CGHC:28735 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3823 of 2025 1 - Prateek Rajak S/o Umraw Rajak Aged About 23 Years R/o Kanharpuri, Police Station - Kotwali, Tehsil And District - Rajnandgaon (Chhattisgarh) 2 - Durgesh Nirmalkar S/o Khomlal Nirmalkar Aged About 21 Years R/o Village - Dewari, District - Balod (Chhattisgarh) ...Applicants versus State Of Chhattisgarh Through - Station House Officer, Police Station - Kotwali, District - Rajnandgaon (Chhattisgarh) ... Non-applicant For Applicant : Mr. Aditya Bhardwaj, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava Govt. Advocate. 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 92/2025 registered at Police Station – Kotwali , District Rajnandgaon VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.28 17:55:15 +0530 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.28 17:56:43 +0530 2 (C.G.) offence under Sections 331(4), 305(A), & 3(5) of the Bhartiya Nyay Sanhita, 2023. 2. As per prosecution story, the complainant Dinesh Agrawal who appeared in person at the Kotwali Police Station and lodged a report stating that between the dates 22.02.2025 and 24.02.2025, some unknown person broke into his house located in Keshar Nagar. The intruder entered stole the jewelry of approximately Rs. 5,00,000/- and Rs.10,00,000/- in cash kept in the house. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He submits that there is no direct evidence connecting the applicants with the alleged offence apart from the memorandum statements recorded under coercion He further submits that the applicants are in judicial custody from 28.02.2025, and no further custodial interrogation is required. The primary investigation has already been completed, and charge-sheet is filed. He also submits that the applicants are in jail since 28.02.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, the learned State counsel opposes the bail application. 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 allegation levelled against the applicant and the fact that the applicant has no previous antecedents and also considering the fact that the charge-sheet has been filed and 3 applicants are in jail since 28.02.2025, conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicants are entitled to be released on bail in this case. 7. Let the Applicants – Prateek Rajak & Durgesh Nirmalkar involved in Crime No. 92/2025 registered at Police Station – Kotwali , District Rajnandgaon (C.G.) offence under Sections 331(4), 305(A), & 3(5) of the Bhartiya Nyay Sanhita, 2023., be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya 4 Sanhita. (iv) The applicants 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 applicants are 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 them 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 vaibhav