1 2025:CGHC:27692 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4887 of 2025 Praveen Soni S/o Shri Satya Narayan Aged About 26 Years R/o Ward No. 04, Dararitola P.S., And Tehsil- Kotma, District- Anuppur, (M.P.) ... Applicant versus The State Of Chhattisgarh Through The Police Station Incharge, P.S. Kotadol, District- M.C.B., (C.G.) ... Non-applicant For Applicant : Mr. Hemant Kumar Agrawal, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.06.2025 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. 36/2024 registered at Police Station –Kotadol, District M.C.B, (C.G.) offence under Sections 331(4), 305 of the Bhartiya Nyay Sanhita, 2023. 2. As per the prosecution's version, during the intervening night of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.26 11:15:05 +0530 2 25.10.2024, a theft occurred at the Solar Plant situated in the courtyard of the Primary School, Village Roshni, from where 23 batteries were allegedly stolen by an unidentified individual(s). Out of the stolen property, 17 batteries were allegedly sold for a sum of 23,000/-, and the remaining 6 batteries were recovered from a pit covered with bushes in the forests of the village Roshni. Fir was registered u/Ss. 305, 331 (4) BNS, 2023, after two days of the alleged incident against unknown persons and the applicant was arrested on 13.04.2025 and he has been in jail since then. The Charge sheet has been filed under the same sections, and the Trial is going on before the Trial Court below. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that the applicant has been falsely implicated in the case and there is no direct evidence to link the present applicant with the alleged commission of the theft in question. He further submitted that accused has granted bail in the previous antecedent case bearing Crime No. 424 of 2024 by this Hon’ble high Court and he is in jail since 13.04.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application. 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 that . Moreover, the fact that in the present bail application the charge-sheet has been filed before the competent Court and the applicant has been in jail since 13.04.2024 and conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present 3 applicant is entitled to be released on bail in this case. 7. Let the Applicant – Praveen Soni, involved in Crime No. 36/2024 registered at Police Station –Kotadol, District M.C.B, (C.G.) offence under Sections 331(4), 305 of the Bhartiya 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 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 4 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