1 2025:CGHC:28168 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4922 of 2025 Sahil Sahu S/o Rajkumar Sahu Aged About 22 Years R/o Village - Koriyapara, Behind Fruit Market, Tifra, Bilaspur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - Police Station - City Kotwali, District - Bilaspur, Chhattisgarh ... Non-Applicant For Applicant :Mr. Ravi Kumar Bhagat, Advocate. For Non-Applicant/State :Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 26.06 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No - 129/2025, registered at Police Station – City Kotwali, District – Bilaspur (C.G.) for the offence punishable under Sections 305(A), 331(4) and 3(5) of Bharatiya Nyaya Sanhita, 2023 . 2. As per the case of prosecution, the complainant has made written report alleging that applicant has entered complaint's shop and looted Cash of PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.27 10:56:46 +0530 2 Rs. 50,000/- intervening night of 05/03/2025 and 06/03/2025 and based on such report the offences under Section 305 (A), 331 (4), and 3 (5) BNS have been registered by the police against the applicant, while arresting him on 08.03.2025. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that on the basis of memorandum statement of the co-accused who are juvenile, applicant has been implicated. He also submitted that the applicant has one previous criminal antecedent under the IPC in which he has been acquitted. Further, the charge-sheet has been filed in this case. The applicant is in jail since 08.03.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has been filed. She further submitted that the applicant along with a juvenile had entered into a grocery shop and looted Rs. 50,000/-, out of which Rs. 22,000/- has been recovered from the applicant and stated that the applicant has one more criminal antecedents under the Excise Act, hence he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that on the basis of memorandum statement of the co-accused who are juvenile, applicant has been implicated and he has one more criminal antecedents 3 under the Excise Act, further the charge-sheet has been filed against the applicant and he is in jail since 08.03.2025 and conclusion of the trial is likely to take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant - Sahil Sahu, involved in Crime No - 129/2025, registered at Police Station – City Kotwali, District – Bilaspur (C.G.) for the offence punishable under Sections 305(A), 331(4) and 3(5) of Bharatiya Nyaya Sanhita, 2023, 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 they 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 their 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 4 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 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti