1 2025:CGHC:37373 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4315 of 2025 • Avinash Ratre S/o Rajesh Kumar Aged About 18 Years R/o Omnagar Ward No. 9, Jarhabhatha Bilaspur Police Station - Civil Line, District : Bilaspur, Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Civil Line Bilaspur, District : Bilaspur, Chhattisgarh ... Respondent (Cause title is taken from Case information System) For Applicant : Mr. Bharat Rajput, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/07/2025 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. 419/2025 registered at Police Station Civil Line, Bilaspur District- Bilaspur (C.G.), for the offence punishable under Sections 331(4), 305, 3(5) of BNS, 2023. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.01 10:54:49 +0530 2 2. Case of the prosecution, in brief, is that, on 16.04.2025, the complainant Harpreet Singh lodged report to the effect that some unknown person have broken the lock of gate of Gurudwara and stolen the amount of Rs.20,000/- kept in Gift Box and two Kripan total amounting to Rs.22,000/-. On the basis of said report, during the investigation, present applicant has been arrested. 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 FIR was lodged against unknown person, only on the basis of suspicion, present applicant has been arrested and applicant has one previous criminal antecedent bearing crime No. 646/2022 for the offence under Section 25 of Arms Act registered at Police Station, Civil Line, Bilaspur, which is pending for its conclusion and the applicant is in jail since 22.05.2025 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 the applicant applicant has one previous criminal antecedent bearing crime No. 646/2022 for the offence under Section 25 of Arms Act registered at Police Station, Civil Line, Bilaspur, which is pending for its conclusion. 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 one criminal antecedent of the year 2022, which is pending for its conclusion and FIR was lodged against unknown person, only on the basis of suspicion, present applicant has been arrested, he is in jail since 22.05.2025 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 – Avinash Ratre, involved in Crime No. 419/2025 registered at Police Station Civil Line, Bilaspur District- Bilaspur (C.G.), for the offence punishable under Sections 331(4), 305, 3(5) of 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 4 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