1 2025:CGHC:25482 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3990 of 2025 Ashutosh Tiwari @ Angry S/o Late Basant Tiwari Aged About 22 Years R/o Ashok Nagar Near Water Tank, Atal Awas Block No. 7/29, Ps Sarkanda, District Bilaspur Chhattisgarh (Wrongly Not Been Mention Angry Name Of The Applicant In The Impugned Order) ... Applicant(s) versus State Of Chhattisgarh Through Ps Sarkanda, Distt. Bilaspur Chhattisgarh ... Non-Applicant(s) For Applicant : Mr. Dheerendra Pandey, Advocate For Non-Applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/06/2025 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 applicant who has been arrested in connection with Crime No. 353/2025 registered at Police Station- Sarkanda, District- Bilaspur (C.G.), for the offence punishable under Sections 331(4), 305(A) and 317(2) of B.N.S. Act, 2023. 2. The case of the prosecution, in brief, is that an FIR was lodged by the complainant, Pitamber Sahu, on 05.03.2025. He reported that KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 on 22.02.2025, at about 4:30 PM, after locking his house, he left for Prayagraj with his family to attend the Kumbh Mela. When he returned on 24.02.2025 at around 10:30 PM, he found that the lock of his house had been broken. Upon entering, he discovered that the house was ransacked and the locker of the almirah was broken. Gold and silver ornaments worth approximately ₹1,15,000/- that were kept in the almirah had been stolen by some unknown person(s). Based on the complaint, the police registered a case against unknown persons and initiated an investigation. During the course of investigation, the police received information from the informant that co-accused Vishu Shrivas had sold some of the stolen goods. The police subsequently arrested the co-accused and recorded his memorandum statement. Based on this statement, the police recovered the stolen articles from the possession of the applicant and arrested him in connection with the crime in question. 3. Learned counsel for the applicant submits that the applicant is innocent person and he has been falsely implicated in this case. He further submits that the prosecution has not been collected any legal evidence against the applicant accept of the memorandum statement of the co-accused that is not an any legal evidence and the prosecution not been collected single evidence which has been shown that with intention to commit the offence under Sections 331(4), 305(A), & 317(2) BNS Act. 2023 and he is in jail since 06.03.2025 and the applicant has few criminal antecedents which have been explained in bail application of para No. 4(A) and the conclusion of the trial is likely to take some time therefore, he prays 3 for grant of bail to the applicant. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court further the applicant has six criminal antecedents. Hence, looking to the seriousness of this case, it does not seem possible to grant bail to the applicant thus, his bail application is liable to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 06.03.2025 and the recovery made from the accused and the fact that in the present case, charge-sheet has been filed before the competent Court moreover, the applicant has six criminal antecedents out of which in four cases, the applicant is on bail and the matter are still pending and in one case, the applicant has acquitted and one case not related to the applicant (offences are bailable) which has been clearly explained in bail application of para No. 4(A), 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. 7. Let the applicant – Ashutosh Tiwari @ Angry, involved in Crime No. 353/2025 registered at Police Station- Sarkanda, District- Bilaspur (C.G.), for the offence punishable under Sections 331(4), 4 305(A) and 317(2) of B.N.S. Act, 2023, 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 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 5 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 for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal