1 2025:CGHC:30659 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4356 of 2025 • Shashikant Kashyap S/o Late Khedram Kashyap Aged About 30 Years R/o Village - Semariya, P S Birra, At Present Bhathapara, Janjgir Ward No. 25, P S - Janjgir, District : Janjgir-Champa, Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Janjgir, District : Janjgir-Champa, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Vivek Kumar Shrivastava, Advocate For Respondent : Mr. Sanghrash Pandey, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/07/2025 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.248/2025 registered at Police Station Janjgir, District Janjgir-Champa (C.G.) under Section 303(2), 3(5) of BNS. 2. That case of the prosecution, in brief, is that complainant Naval Kumar Rathore who runs a shop of iron rod and cement lodged 2 a report to the effect that on 24.3.2025 in between 12.00 night and 1.30 am some unknown persons committed theft of his 18- 19 bundles of iron rod worth Rs.70,000/- which were kept in front of his shop and three persons were seen later in his CCTV camera but could not be identified. During investigation, on information regarding arrest of some unknown persons under Crime No.210/25 in PS-Champa for offence u/s 303(2), 3(5) of BNS, the present applicant and co-accused Uday Kumar Yadav were arrested. In his memorandum the present applicant disclosed that he in association with co-accused Uday Kumar Yadav, for the purpose of construction of his house committed the above theft. At his instance, iron rod, stone frame, white- black granite and motorcycle used in commission of offence were seized. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case and the applicant has neither entered in the house nor committed stole of any article of the complainant’s house. He also submits that the prosecution has not collected the sufficient material from the possession of the applicant regarding theft article. He further submits that only on the basis of merely suspicious and memorandum statement he has been alleged by the prosecution against him. He also submits that applicant was posted as Constable in Police Station-Janjgir. On the date of incident he was on Bunglow duty of former leader. He further submits that at the same time two more cases of similar nature bearing crime 3 No. 210 of 25 and 212 of 25 at Police Station – Champa under Section 303(2), 111(1), 3(5) of BNS. The applicant has no criminal antecedents and he is in jail since 23.05.2025 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. On the other hand, learned counsel appearing for the State/non-applicant would oppose the bail application and submit that applicant has no previous criminal antecedent but at the same time two more cases of similar nature bearing crime No. 210 of 25 and 212 of 25 at Police Station – Champa under Section 303(2), 111(1), 3(5) of BNS, but looking to the conduct of the applicant he is not entitled for grant of bail. 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 and also considering the fact that prosecution has not collected the sufficient material from the possession of the applicant regarding theft article, trial is likely to take some time for its conclusion, he is in jail since 23.05.2025, looking to the detention period of the present applicant, this Court is of the view that the applicant is entitled to be released on bail in this case 7. Let the Applicant – Shashikant Kashyap, involved in Crime No.248/2025 registered at Police Station Janjgir, District Janjgir-Champa (C.G.) under Section 303(2), 3(5) of BNS, be released on bail on his furnishing personal bond with two 4 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 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. 5 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/ Sd/- (Ramesh Sinha) Chief Justice vaishali