1 2025:CGHC:33422 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4287 of 2025 Om Prakash Khande @ Dadu, Aged About 21 Years S/o Rajkumar Khande R/o Laxmi Chowk, Chingrajpara, Thana- Sarkanda, District Bilaspur C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S.- Sarkanda, District Bilaspur C.G. ... Respondent For Applicant : Shri Akash Hanspal, Advocate. For Respondent/State : Shri Swajeet Singh Ubweja, PL. 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 short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.111/2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.17 19:11:15 +0530 2 Sarkanda, District- Bilaspur (C.G.) for the offence punishable under Sections 303 (2), 317 (2), 3 (5) BNS 2023 (Section 317 (2) is mentioned as per charge sheet). 2. Case of the prosecution, in brief, is that on 22.1.2025 the complainant namely Laxmi Prasad Yadav has made a complaint before the police station-Sarkanda, District:- Bilaspur (C.G.) alleging that he has purchased E- rickshaw for his livelihood and it's registration number is CG10 BR 3695. On-21.1.2025 at about 7:00 PM he stand his vehicle near his house, on 22.1.2025 about 04:00AM when he found missing his E-rickshaw, on being enquired about the vehicle and on the basis of information given by one villager namely Harichand Kenwat, they reached near the cable factory and found that Battery of E-Rickshaw valued of rupees 10,000/- has been stolen by unknown person. After receiving of the information the police concerned of P.S.- Sarkanda, has registered a Crime and during the investigation memorandum of the applicant and other co-accused were recorded and thereafter the accused persons were arrested by the police for the alleged offence of crime punishable under section- 303 (2), 317 (2), 3 (5) BNS 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that FIR was lodged against the unknown person and no as such things has been recovered from the possession of the applicant. He would submit that the applicant 3 has four criminal antecedents out of which three cases are pending and in one case applicant has been acquitted. He would submit that co-accused Sunil Sahu has been granted regular bail by this Court in MCRC No.3860/2025 on 19/06/2025. He would submit that the applicant is in jail since 20/02/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. 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, considering the fact that co-accused Sunil Sahu has been granted regular bail by this Court in MCRC No.3860/2025 on 19/06/2025, period of detention of the applicant since 20/02/2025, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the applicant Om Prakash Khande @ Dadu, involved in Crime No.111/2025 registered at Police Station Sarkanda, District- Bilaspur (C.G.) for the offence punishable under Sections 303 (2), 4 317 (2), 3 (5) BNS 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 statement under 5 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri