1 2025:CGHC:33452 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4489 of 2025 Jasim Khan S/o Late Rashid Khan Aged About 26 Years R/o Village Hariganwa, P.S. Raghunath Nagar, District Balrampur Ramanujganj Chhattisgarh. (Note - Name And Address Of The Applicant Is Not Mention In Cause Title Of Order Dated 30.04.2025 Annexure A/1, And Name And Addresses Of The Applicant Is Correct As Per Order Dated 07-04-2025 Annexure A/2) ... Applicant(s) versus State Of Chhattisgarh Through P.S. Chalgali, District Balrampur Ramanujganj, Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Mr. Akath Kumar Yadav, Advocate. For Respondent(s) : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.07.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 35/2023 registered at Police Station-Chalgali, District- Balrampur- Ramanujganj (C.G.), for the offence punishable under Section 379 and 34 of IPC and Section 136 of the Electricity Act. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Case of the prosecution, in brief, is that the complainant, Shantanu Vardhan, Junior Engineer at Balrampur, lodged a report at Police Outpost–Runhat, under Police Station–Chhalgali, stating therein that during the intervening night of 25.06.2023 and 26.06.2023, unknown thieves stolen a 16 KVA transformer coil worth ₹80,000/- from Makro Para and Kodaki Para villages. On the basis of this report, Crime No. 35/2023 was registered under Sections 379 and 34 of the Indian Penal Code. During investigation, it was found that the applicant/accused Jasim Khan, along with co-accused Ramawadh Kushwaha, Irfan Khan, and Balakat Ansari, committed the theft. Later, on 24.08.2024, the applicant/accused Jasim Khan was arrested and following further investigation, a supplementary charge-sheet was filed against him on 18.09.2024. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that solely on the basis of a memorandum statement attributed to the applicant, as many as six cases have been registered against him. Out of these, the applicant has already been granted bail in five cases. Moreover, it is pointed out that some prosecution witnesses have been examined before the trial Court, but their testimonies do not fully support the prosecution’s version and in the present case, charge-sheet has been filed before the competent Court and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 4. On the other hand learned State counsel appearing for the non- applicant/State opposes the prayer for grant of bail and submits that 3 considering the criminal antecedents of the applicant and the recovery made from him, 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, nature and gravity of offence, period of detention of the applicant since 24.08.2024 and the fact that in the present case, charge- sheet has been filed before the competent Court moreover, solely on the basis of a memorandum statement attributed to the applicant, as many as six cases have been registered against him and out of these, the applicant has already been granted bail in five cases and no further interrogation is required and the trial is likely to take some time for its conclusion, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Let applicant, Jasim Khan, involved in Crime No. 35/2023 registered at Police Station-Chalgali, District- Balrampur- Ramanujganj (C.G.), for the offence punishable under Section 379 and 34 of IPC and Section 136 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 4 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal