1 2025:CGHC:37719 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4963 of 2025 Satyaprakash Mahant S/o Gend Das Mahant Aged About 19 Years R/o Budhwari Bazar, Behind Jain Temple P.S. C.S.E.B. Chowki, Korba, District Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through Manikpur Chowki - Police Station Kotwali, Korba, District Korba (C.G.) ... Non-applicant For Applicant : Mr. Shubham Dev Mallick, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.07.2025 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. 335/2025 registered at Police Station – Manikpur Chowki – Police Station Kotwali, Korba District - Korba (C.G.) offence under Sections 331(4), 305 & 3(5) of the Bhartiya Nyay Sanhita, 2023. 2. As per the prosecution story, the complainant has lodged a report to the effect that he runs a shop in the name of Manas General Stores in VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.01 17:20:14 +0530 2 his house. He had gone to his ancestral residence Chandrapur with his family for his personal work on 03.05.2025, while leaving, he had locked the front and back doors of his house. When He came back to his house with his family at around 10:30 am on 09.05.2025 and saw that the lock of the main gate and the shop was broken, and it was alleged that some unknown person broke the lock of the house and entered inside and stole the goods and gold and silver ornaments and cash worth Rs. 90,000/-. On this basis an FIR under sections 331(4), 305, 3(5) of BNS Act, 2023 was registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that the FIR was lodged against unknown person, on the basis of suspicion, a false case was prepared against the applicant/accused and he has not committed any crime nor does the applicant have any information regarding the incident which appears to show his involvement in the said case. He further submits that nothing has been recovered from the possession of the present applicant and he is in jail since 13.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that the present applicant has 01 criminal antecedent, therefore, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused 3 the case diary. 6. Taking into consideration the facts and circumstances of the case, it is noted that nothing has been recovered from the possession of the applicant, the recovery was made from the possession of the co- accused, who has already been granted bail by the trial Court. The present applicant has one prior criminal antecedent, however, the said case was compromised between the parties. It is further observed that the charge-sheet in the present case has already been filed before the competent Court, and the applicant has been in judicial custody since 13.05.2025. Considering that the trial is likely to take some more time to conclude, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Satyaprakash Mahant, involved in Crime No. 335/2025 registered at Police Station – Manikpur Chowki – Police Station Kotwali, Korba District - Korba (C.G.) offence under Sections 331(4), 305 & 3(5) of the Bhartiya Nyay Sanhita, 2023, be released on bail on his furnishing 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 4 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 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 vaibhav