1 2025:CGHC:32039 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4494 of 2025 • Suknath Markam S/o Jairam Markam Aged About 30 Years R/o Sambalpur, Police Station Kundi District - Navranpur (Odisha) ... Applicant versus • State Of Chhattisgarh Through The Station House Officer, Police Station Vishrampuri District - Kondagaon (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Manohar Dewangan, Advocate For Respondent : Mr. Soumya Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/07/2025 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.18/2024 registered at Police Station- Vishrampuri, District- Kondagaon (C.G.), for the offence punishable under Sections 457 & 380 of IPC. 2. Case of the prosecution, in brief, is that on 11/11/2024, the complainant Ram Suraj Yadav made complaint to the police station Kondagaon stating therein that on 04/12/2024 in the night, his VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 motorcycle has been stolen by the unknown person and during the investigation, the said motorcycle has been recovered from the possession of present applicant and other accused persons, therefore crime has been registered for the offence as mentioned above and filed the charge-sheet before the concerned court. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the applicant have neither committed nor participated in any such act. He also submits that the present applicant has been arrested only on the basis of suspicious and the applicant is in jail since 12.03.2025 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. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant is resident of Odhisha and he has six criminal antecedents, in which he has already been acquitted in all cases and in the present case 26 motorcycle were recovered from the possession of the present applicant, therefore, 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 allegation levelled against the applicant and the fact that the applicant has six criminal antecedents, in which he has already been acquitted in all cases, he is in jail since 12.03.2025 and the charge-sheet has been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 3 7. Let the applicant – Sukhnath Markam, involved in Crime No.18/2024 registered at Police Station-Vishrampuri, District- Kondagaon (C.G.), for the offence punishable under Sections 457 & 380 of IPC, be released on bail on their furnishing a 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 case, (ii) framing of charge and (iii) recording of 4 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali