1 2025:CGHC:33489 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5548 of 2025 Mushtakudin S/o Ajabudin Aged About 46 Years R/o House No. 30. Ward No. 04, Post- Pondi District - Kawardha (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House In - Charge Police Station Bodla, District - Kabirdham (C.G.) ... Non-applicant For Applicants : Mr. Faisal Akhtar, Advocate For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16/07/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 85/2025 registered at Police Station- Bodla, District - Kabirdham, (C.G.) for the offence under Sections 331(3), 305(A), 317(2), 317(4) and 317(5) of Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief is that the incident occurred between Saturday evening and Sunday morning, specifically RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 between 5:30 PM on 29-05-2025 and 8:00 AM on 30-05-2025. The place of incident was located approximately 2 kilometers south of the police station, at Village Ramhepur Sugar Factory. The informant, Dhansingh, who works as the Factory Manager of the Sugar Factory in Ramhepur, reported the incident. His duty hours are from 8:00 AM to 5:00 PM, and on 29-05-2025, he was present at work. On the same day, two hard water pumps of PSP Company and one used water pump of Mag Mother & Plot Company were placed in an open area near the office for repair. After completing his duty, Dhansingh returned to his residential quarters. When he resumed work at 8:00 AM on 30-05-2025, he discovered that the two hard water pumps of PSP Company, valued at Rs. 7 lakhs, and the one used pump of Mag Mother & Plot Company, valued at Rs. 3 lakhs collectively worth Rs. 10,00,000/- had been stolen. Based on this information, a case was registered, and an investigation was initiated. 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 also submitted that the Police have seized the alleged items from the yard of applicant which is purchased by the applicant issued a bill along with GSTIN number. He further submits that the alleged offence has not been committed by the applicant as the police officer has not taken into cognizance the bills by the applicant. He also submits that the applicant is poor person and on the basis of doubt and revenge he has been arrested. It is also submitted that the charge sheet has already been filed, and the 3 applicant has 02 criminal antecedents, out of which he has already been acquitted in one case, the applicant is in jail since 31.05.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of regular bail on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that the charge- sheet has been submitted in the present case before the competent Court. She further submits that the present applicant had stolen the two hard water pumps of PSP Company, valued at Rs. 7 lakhs, and the one used pump of Mag Mother & Plot Company, valued at Rs. 3 lakhs collectively worth Rs. 10,00,000/-, further the applicant has 02 criminal antecedents, therefore, the present applicant 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 placed on record documents regarding purchase of the seized items, which raises a triable issue and further considering the fact that the applicant has 02 criminal antecedents, out of which he has already been acquitted in one case, the charge sheet has already been filed and he is in jail since 31.05.2025, and the trial is likely to take considerable time for its conclusion, this Court is of the opinion that it is a fit 4 case for grant of regular bail. Accordingly, the bail application deserve to be and are hereby allowed. 7. Let the applicant, Mushtakudin, involved in Crime No. 85/2025 registered at Police Station- Bodla, District - Kabirdham, (C.G.) for the offence under Sections 331(3), 305(A), 317(2), 317(4) and 317(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 with law, under Section 209 of the 5 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 Rahul Dewangan