1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4738 of 2025 1 - Ankit Vibhar S/o Shyam Vibhar Aged About 21 Years R/o Kachna Parwati Nagar, P.S. Khamardih, District - Raipur (C.G.) ... Applicant versus 1 - State of Chhattisgarh Through P.S. Kharora, District Raipur, Chhattisgarh ... Respondent For Applicant : Mr. Aashish Gangwani, Advocate For Respondent/State : Mr. Soumya Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/06/2025 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. 68/2025 registered at Police Station - Kharora, District-Raipur (C.G.), for the offences punishable under Sections 331(4), 305(A), 3(5) of the BNS. 2. As per the prosecution story: in brief is that the complainant presently live in Uma Rice Mill Village Pikridih. He has a grocery shop 100 meters away from the gate of Uma Rice Mill, which he run hisself, which sells cigarettes, gutkha, beedis, mobile items. On VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.21 11:49:53 +0530 2 04/02/2025 at 8.30 pm, he locked his grocery shop and went to the house given to him by the company. On 05.02.2025 at 7.00 am, when Gopal Yadav went to sweep as usual, he saw that the shutter of the shop was broken. He came to him and told him that the shutter of the shop was broken. When he went to the shop and looked inside, he found that some unknown thief had stolen goods worth Rs. 35,000/- including cigarettes, gutkha, bidi, biscuits, mobile accessories, DVR and cash amounting to ten thousand rupees by breaking the shutter between 11.30 am and 7.00 pm. On the basis of the above complaint, the Police Station Kharora, District Raipur registered case number 68/2025 under Section 331(4), 305 (a) BNS. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that there is no role of the applicant in the present crime and he was neither part of the alleged incident nor was he present anywhere near the alleged incident. He also submits that the applicant’s name is not present in the FIR, the copy of the FIR is annexed as Annexure A/3 and prosecution witnesses have been recorded in the present case, who have not supported the prosecution case. The applicant is in jail since 22.03.2025 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 of the applicant. 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 3 fact that the prosecution witnesses have been recorded in the present case, who have not supported the prosecution case. The applicant is in jail since 22.03.2025 and the conclusion of the trial is likely to take quite long time., this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Ankit Vibhar involved in Crime No. 68/2025 registered at Police Station - Kharora, District-Raipur (C.G.), for the offences punishable under Sections 331(4), 305(A), 3(5) of the BNS, 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 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 4 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 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali