1 2025:CGHC:29830 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4984 of 2025 Pawan Chandrakar @ Duggu S/o Punitram Chandrakar Aged About 19 Years R/o 1319, Dewangan Atta Chakki Gali, Rameshwar Nagar, Bhanpuri, Dharsiwan, P.S. Khamtarai, Tehsil Raipur, District Raipur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through S.H.O. Police Station Khamtarai, District – Raipur, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Pranay Thite, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.07.2025 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. 339/2025, registered at Police Station – Khamtarai, District – Raipur (C.G.) for the offence punishable under Sections 303(2), 317(4), 112 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the complainant is a resident of Ward No. 18, Urkura, and is engaged in the transport business under the name RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 "Vikas Road Lines" operating from Bhanpuri, he is the owner and regular user of a Honda Shine motorcycle bearing registration number CG04MU 6260. On the night of 06.04.2025, the complainant parked his aforementioned motorcycle near his office premises at Vikas Road Lines, Bhanpuri, and proceeded to AIIMS Hospital to visit a relative who had been admitted there, upon returning to the location, he found that his motorcycle was missing from the spot where it had been parked, despite making inquiries and searching in the nearby area, the vehicle could not be located, the stolen motorcycle is a black Honda Shine, Model 2019, bearing Engine Number JC65EG0113286 and Chassis Number ME4JC65DHKG052994, valued at approximately Rs. 2,20,000/-, thereafter, on 09.04.2025, the complainant approached the concerned Police Station to lodge a formal report regarding the theft and the applicant was arrested by the Police. 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 and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 13.04.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that on the night of 06.04.2025, the complainant parked his aforementioned motorcycle near his office premises at Vikas Road Lines, Bhanpuri, and proceeded to AIIMS Hospital to visit a relative who had been admitted there, upon returning to 3 the location, he found that his motorcycle was missing from the spot where it had been parked, despite making inquiries and searching in the nearby area, the vehicle could not be located, the stolen motorcycle is a black Honda Shine, Model 2019, bearing Engine Number JC65EG0113286 and Chassis Number ME4JC65DHKG052994, valued at approximately Rs. 2,20,000/-, thereafter, on 09.04.2025, the complainant approached the concerned Police Station to lodge a formal report regarding the theft and the applicant was arrested by the Police, therefore, 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 there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 13.04.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Pawan Chandrakar @ Duggu, involved in Crime No. 339/2025, registered at Police Station – Khamtarai, District – Raipur (C.G.) for the offence punishable under Sections 303(2), 317(4), 112 of the BNS, 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 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 4 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 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 Rajshekhar