1 2025:CGHC:6597 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 270 of 2025 Akshay Patel S/o Pancham Patel Aged About 20 Years R/o Silsila, P.S. And Tahsil - Lundra, District Surguja Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station In-Charge, P.S. - Gandhinagar, District Surguja Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Bhupendra Singh, Advocate. For Non-Applicant(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/02/2025 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. 657/2024 registered at Police Station Gandhinagar, District Surguja (C.G.) for the offence punishable under Sections 331(3) and 305 of Bharatiya Nyaya Sanhita (for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 short ‘BNS’). 2. Case of the prosecution, in brief, is that the complainant lodged a written complaint against unknown persons, stating that on November 5, 2024, she had gone to coaching and stayed at a friend's house overnight. When she returned the next morning, she found that unknown persons had broken into her rented house and stolen golden locket, gas cylinder, and other items. Thereafter, during course of investigation, 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 for the same incident, two cases have been registered, one is at Crime No.657/2024 (present case) and another is at Crime No.656/2024, against which applicant has preferred MCRC No.248/2025 and the same was allowed by this Court vide order dated 29.01.2025 and besides that case, the applicant has no other criminal antecedent. The applicant is in jail since 08.11.2024, 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 opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that applicant has committed theft in the house of complainant, stolen her ornaments and appliances and he also has one criminal antecedent of similar nature, therefore, the applicant is not entitled for grant of bail. 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 offence, period of detention of the applicant since 08.11.2024, the fact that the applicant has committed theft in the house of complainant, stolen her ornaments and appliances, for the same incident, two cases have been registered, one is at Crime No.657/2024 (present case) and another is at Crime No.656/2024, against which applicant has preferred MCRC No.248/2025 and the same was allowed by this Court vide order dated 29.01.2025, besides that case, the applicant has no other criminal antecedent, 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-Akshay Patel, involved in Crime No. 657/2024 registered at Police Station Gandhinagar, District Surguja (C.G.) for the offence punishable under Sections 331(3) and 305 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 bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial 4 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