1 2025:CGHC:27048 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4758 of 2025 Jasim Khan S/o Late Rashid Khan Aged About 26 Years R/o Village- Hariganwa, P.S. - Raghunath Nagar, District- Balrampur-Ramanujganj, (C.G.) (Note - Name And Addresses Of The Applicant Is Not Mention In Cause Title Of Order Dated 15-05-2025 Annexure - A/1, And Name And Addresses Of The Applicant Is Correct As Per Order Dated- 07-04-2025 Annexure - A/2). ... Applicant versus State Of Chhattisgarh Through P.S. - Ramchandrapur, District- Balrampur - Ramanujganj (C.G.) ... Respondent For Applicant : Shri Akath Kumar Yadav, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/06/2025 1. This is the first bail application filed under Section 483 of the GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.24 17:14:35 +0530 2 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.19/2023 registered at Police Station Ramchandrapur, District Balrampur - Ramanujganj (C.G.) for the offence punishable under Sections 379 and 34 of IPC and section 137 of the Electricity Act. 2. Case of the prosecution, in brief, is that, the applicant was arrested on 04/01/2025. Following the arrest, the concerned police presented a supplementary charge sheet against the applicant on 18.09.2024. After the incident, the applicant absconded, and there are currently more than six pending cases of a similar nature (theft) in this Court. Considering these pending cases, it appears that the applicant is related to the said crime. The absconding of the applicant and the nature of the crime do not entitle the applicant to be granted bail. Based on the report lodged by the complainant, the concerned police investigated the matter and registered a crime for an offence punishable under Sections 379 and 34 of the Indian Penal Code and section 137 of the Electricity Act against the present applicant. 3. Learned counsel for the applicant submitted that the applicant was arrested by police and six cases including the present case also slapped on the applicant but in none of the cases including the present case no recovery has been made of any article of theft and it is stated that he is in jail since 04/01/2025 and in one of the case the applicant has been granted bail by this Court in MCRC 3 No.2715/2025 on 7/04/2025 and copy of the order is annexed as Annexure A-2. He would submit that charge sheet has been filed in this case and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. He would submit that charge sheet has been filed in this case before the competent court. He would submit that there are total six cases against the applicant including the present case and in one of the case the applicant has been granted bail by this Court in MCRC No.2715/2025 on 7/04/2025. He would submit that in none of the cases including the present case no recovery has been made of any article of theft. 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, considering the fact that there are total six cases against the applicant including the present case but in none of the cases including the present case no recovery has been made of any article of theft and in one of the case the applicant has been granted bail by this Court in MCRC No.2715/2025 on 7/04/2025, period of detention of the applicant since 04/01/2025, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. 4 7. Let the Applicant-Jasim Khan, involved in Crime No.19/2023 registered at Police Station Ramchandrapur, District Balrampur - Ramanujganj (C.G.) for the offence punishable under Sections 379 and 34 of IPC and section 137 of the Electricity Act, 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 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 5 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri