1 2025:CGHC:5341 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 266 of 2025 Budheshwar S/o Sonaram Aged About 45 Years R/o Bhilauni, P.S. And Tahsil Pamgarh, District- Janjgir-Champa, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Pamgarh, District- Janjgir-Champa, Chhattisgarh. ... Non-applicant For Applicant : Mr. Umesh Pandey, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.01.2025 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. 502/2024 registered at Police Station Pamgarh, District- Janjgir-Champa, (C.G.) for the offence punishable under Sections 331, 305 and 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 2. Case of the prosecution, in a nutshell, is that the complainant lodged a missing report at the concerned police station, stating that on the date of the incident, unknown persons entered his house by breaking the lock and committed theft of a Stanger company sound RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.30 10:57:04 +0530 2 system, an amplifier, and a mixer of DJ company. Based on the complainant’s report, the police registered a case under Sections 331, 305, and 3(5) of the Bharatiya Nyay Sanhita against unknown persons. After investigation, the police arrested the present applicant based on a memorandum statement. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that police has not seized any said article from the applicant and he has not committed theft of the seized article and only on the basis of memorandum statement, the applicant has arrested by police. He also submits that the applicant is in jail since 19.11.2024, the applicant has 05 criminal antecedents, out of which, he has been acquitted in 04 cases, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant entered his house by breaking the lock and committed theft of a Stanger company sound system, an amplifier, and a mixer of DJ company. She also submits that the present applicant has 05 criminal antecedents, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, the fact that though the applicant committed theft of a Stanger company sound system, an amplifier, and a mixer of DJ company, and also the present applicant has 05 criminal antecedents, but out of 05 cases, he has already been acquitted in 04 cases, and the charge-sheet has been submitted before the competent Court and the applicant is in jail since 19.11.2024, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. 7. Let the Applicant- Budheshwar, involved in Crime No. 502/2024 registered at Police Station Pamgarh, District- Janjgir-Champa, (C.G.) for the offence punishable under Sections 331, 305 and 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on their 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 sufÏcient 4 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 sufÏcient 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. OfÏce 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 Rahul Dewangan