1 2025:CGHC:25875 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4637 of 2025 Dhanendra Kumar Sahu S/o. Thanu Ram Sahu Aged About 18 Years R/o. New Rajendra Nagar, Near Budhi Mata Mandir, Gali No. 2, Rawan Putla Chowk, P.S. Civil Line, Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Station Shop Officer, Police Station - New Rajendra Nagar, Raipur, District - Raipur (C.G.) ... Non-applicant(s) For Applicant : Mr. Bharat Lal Sahu, Advocate For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.06.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 56/2025, registered at Police Station : New Rajendra Nagar, Raipur District- Raipur (C.G.) for the offence punishable under Section 331(1), 305(1), 3(5) of BNS. 2. The case of the prosecution, in brief, is that the complainant has lodged a report before the concerned police Station, alleging therein KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 that on the date of incident, the unknown persons have entered in his stationery shop by breaking lock and committed theft of photocopy machine, printer and cash amount of Rs. 250-300/- from his shop and on the basis of complaint made by the complainant, the police has registered the case under Section 331 (4), 305(1), 3(5) of Bhartiya Nyay Sanhita against the unknown persons and after the investigation, the police has arrested the present applicant on the memorandum statement. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the present applicant has neither entered in the shop nor committed stolen of any article of the complainant's shop and the prosecution has not collected the sufficient material from the possession of the applicant regarding theft of the said article. He further submits that the police have not seized any said article from the applicant and he has not committed theft of the seized article and only on the basis of memorandum of statement, the applicant has arrested by police and the applicant is in jail since 23.03.2025 and the trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the prayer for grant of bail and submits that during the course of investigation, based on the memorandum statement of the applicant/accused, the stolen property of the complainant, a photocopy machine and printer was recovered from the accused however, the applicant has 3 no criminal antecedent but looking to the seriousness of this case, his bail application is liable to be rejected. 5. I have heard learned counsel 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 23.03.2025 and the fact that in the present case, charge- sheet has been filed before the competent Court and the applicant has no criminal antecedent 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. Let applicant, Dhanendra Kumar Sahu, involved in Crime No. 56/2025, registered at Police Station : New Rajendra Nagar, Raipur District- Raipur (C.G.) for the offence punishable under Section 331(1), 305(1), 3(5) of BNS., be released on bail on furnishing 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal