1 2025:CGHC:25063 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4548 of 2025 Kailash Navrange S/o. Shri Bhagirathi Navrange Aged About 21 Years R/o. Village - Paraswani Panda, P.S. Kharora, District - Raipur (C.G.). ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Arang, Raipur, District - Raipur (C.G.) ... Respondent For Applicant : Mr. C.R. Sahu, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.06.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.644/2024 registered at Police Station Arang, Raigarh, District – Raipur (C.G.), for the offence punishable under Sections 303(2) of Bharatiya Nyay Sanhita 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.18 18:28:31 +0530 2 2. The case of the prosecution, in brief, is that the complainant has lodged a report to the concerned police Station, alleging that on the date of incident, he was parked his motorcycle hero splendor plus at in front of bank at about 12.30 p.m. and after some time, the said subject motorcycle was not found on the spot. Based upon such complaint made by the complainant, the police has registered the case under section 303(2) of Bharatiya Nyay Sanhita, 2023 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 present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that the applicant is suffering from mental illness and he has neither committed theft of subjected motorcycle, nor committed any aforesaid offences as alleged by the prosecution against him and he is in jail since 26.09.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that there are four criminal cases against the applicant, therefore, he is not entitled for grant of regular bail in the present case. 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 levelled against the applicant and the recovery made by him and further the fact that in the present case, 3 charge-sheet has been filed before the competent Court and the applicant has four criminal antecedents out of which in three cases, the applicant has already been acquitted and only one case is pending against him which has been explained in the bail application of para No.4(a) and he is in jail since 26.09.2024, the conclusion of the trial will take some more time, this Court is of the view that the present applicant is entitled to be released on bailin this case. 7. Let the Applicant – Kailash Navrange, involved in Crime No.644/2024 registered at Police Station Arang, Raigarh, District – Raipur (C.G.), for the offence punishable under Sections 303(2) of Bharatiya Nyay Sanhita 2023, be released on bail on his furnishing 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 counsel. In case of his absence, without sufficient cause, the trial court may proceed against his 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 4 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 Vaibhav