1 2025:CGHC:32321 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4387 of 2025 • Jaydeep Verma S/o Shivraj Verma Aged About 19 Years R/o Ward No. 2, Chootibari Nagpur, Maharashtra. ... Applicant versus • The State Of Chhattisgarh Through S.H.O. P.S. Khamhardih, District Raipur, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Rishikant Mahobia, Advocate For Respondent/State : Mr. Malay Jain, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/07/2025 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. 20/2025 registered at Police Station Khamhardih, District-Raipur (C.G.), for the offence punishable under Sections 331(4), 305 of BNS. 2. Case of the prosecution, in brief, is that complainant namely Neha Verma has lodged a report dated 15.01.2025 alleging that on 05.01.2025, some unknown persons have committed theft of VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 Laptop, Mobile Phone and Rs.15,000/- case from the office of her father. Hence, FIR has been lodged against them. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that applicant has neither committed not participated in any such act and the evidence collected by the prosecution is also not prima facie sufficient to hold the applicant guilty of the aforesaid offences. He further submits that there is two cases registered against the present applicant, out of which in Crime No. 07 of 2025 under Section 331(4), 305 of the BNS at Police Station – Dongargarh, District- Rajnandgaon (C.G.), he has been granted bail by trial Court. The applicant is in jail since 28.01.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and He further submits that applicant is a resident of the State of Maharashtra and there is two cases registered against the present applicant, out of which in Crime No. 07 of 2025 under Section 331(4), 305 of the BNS at Police Station – Dongargarh, District- Rajnandgaon (C.G.), he has been granted bail by trial Court but looking to the conduct of the applicant, he is not entitled for grant of regular bail. 3 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 two cases registered against the present applicant, out of which in Crime No. 07 of 2025 under Section 331(4), 305 of the BNS at Police Station – Dongargarh, District- Rajnandgaon (C.G.), he has been granted bail by trial Court vide order dated 18.06.2025, he is in jail since 28.01.2025, looking to his detention period and the charge-sheet has been filed, further the 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 – Jaydeep Verma, involved in Crime No. 20/2025 registered at Police Station Khamhardih, District- Raipur (C.G.), for the offence punishable under Sections 331(4), 305 of BNS, be released on bail on their furnishing a personal bond with two local 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 4 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 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali