1 2025:CGHC:2468 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 352 of 2025 Bisahu Ram S/o Ramayan Singh Aged About 21 Years Caste - Ganda, R/o Village Potapani, Tahsil And Police Station - Pali, District - Korba Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - Pasan, District Korba Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Aditya Khare, Advocate. For Non-Applicant(s) : Mr. S.S. Baghel, Deputy G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/01/2025 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. 135/2024 registered at Police Station Pasan, District Korba (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.16 11:48:56 +0530 2 Sections 303(2), 127(2), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on 09.10.2024, the complainant Sunil Kumar lodged a report at Police Station Pasan, District Korba (C.G.) alleging that on 07.10.2024 at about 12;00 pm, some unknown persons came in Pick-Up vehicle bearing registration No.CG-12-BG-9802 near Side Bridge No.213 and stolen 20-25 pieces iron plates amounting to Rs.3,50,000/- and on the basis of said report, during investigation, the present applicant has been arrested. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that only on the basis of memorandum statement of the co-accused persons, the present applicant has been made an accused, so far as criminal antecedent of the applicant is concerned, the applicant is having only one criminal antecedent against him, which is of the year 2023 under the IPC, and one more criminal antecedent pointed out by the learned State counsel, but the same does not pertains to the present applicant. The applicant is in jail since 10.10.2024, charge- sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits 3 that the applicant alongwith other co-accused persons have stolen 20-25 iron plates amounting to Rs.3,50,000/- from Side Bridge No.213, further the applicant has two criminal antecedent, therefore, the applicant 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 10.10.2024, the fact that though the allegation against the applicant that he alongwith other co-accused persons have stolen 20-25 iron plates amounting to Rs.3,50,000/- from Side Bridge No.213, but he has only one criminal antecedent against him, which is of the year 2023 under the IPC, further charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Bisahu Ram, involved in Crime No. 135/2024 registered at Police Station Pasan, District Korba (C.G.) for the offence punishable under Sections 303(2), 127(2), 3(5) of BNS, 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 4 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 sufÏcient 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil