1 2025:CGHC:36209 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4927 of 2025 1 - Baikunth Sona S/o Late Musa Sona Aged About 26 Years R/o Rotri Nagar, M. Block Room No. 20, Heerapur, Tatibandh, P.S. Aamanaka, District Raipur,Chhattisgarh 2 - Kushal Tandi S/o Rakesh Tandi Aged About 24 Years R/o Rotri Nagar, M. Block Room No. 20, Heerapur, Tatibandh, P.S. Aamanaka, District Raipur, Chhattisgarh 3 - Birendra Sahu S/o Chandrashekhar Sahu Aged About 21 Years R/o Rotri Nagar, M. Block Room No. 20, Heerapur, Tatibandh, P.S. Aamanaka, District Raipur, Chhattisgarh ...Applicants versus State Of Chhattisgarh Through- Station House Officer, Police Station Aamanaka, District Raipur (C.G.) ... Non-applicant For Applicants : Mr. C.R. Sahu, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.07.2025 1. This is the first bail application filed under Section 483 of the Bhartiya VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.26 11:07:38 +0530 2 Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 138/2025 registered at Police Station – Aamanaka, District Raipur (C.G.) offence under Sections 305(a), & 331(4), of the Bhartiya Nyay Sanhita, 2023. 2. As per prosecution story in brief is that the complainant has lodged a report to the concerned police Station, alleging that on the date of incident, the unknown persons have entered in Ashoka Tin Cance Company Pvt. Ltd. by breaking lock and committed theft of copper wire of 343 kg. from his company. Based upon such complaint made by the complainant, the police has registered the case under section 305(a), 331(4) of Bharatiya Nyay Sanhita, 2023 against the unknown persons and after the investigation, the police has arrested the present applicants on the memorandum statement. 3. The applicants submit that they are innocent and have been falsely implicated in the alleged offence. They deny having committed any theft or being involved in any unlawful activity related to the complainant’s company. They were employees of the said company and had been performing their duties efficiently without any prior complaints. The present allegations, they claim, stem from a dispute regarding unpaid salary, due to which the complainant has lodged a false complaint with malicious intent. No stolen article has been recovered from their possession, and their arrest is solely based on their memorandum statements without corroborative evidence. The prosecution has failed to collect sufficient material linking them to the alleged theft, and the case is based on a concocted and baseless story. The applicants have been in custody for a considerable period, 3 which is adversely affecting their families’ livelihood. They are permanent residents of the village mentioned in the cause title, pose no flight risk, and are willing to furnish adequate security and comply with all conditions imposed by the Hon’ble Court. He also submits that the applicants are in jail since 08.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, the learned State counsel opposes the bail application. 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 applicants and the fact that the applicants have no previous antecedents and also considering the fact that the charge-sheet has been filed and applicants are in jail since 08.05.2025, conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicants are entitled to be released on bail in this case. 7. Let the Applicants – Baikunth Sona, Birendra Sahu & Kushal Tandi involved in Crime No.138/2025 registered at Police Station – Aamanaka, District Raipur (C.G.) offence under Sections 305(a) & 331(4), of the Bhartiya Nyay Sanhita, 2023, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates 4 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 5 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