1 2025:CGHC:29163 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4991 of 2025 Diyanat Khan S/o Shri Mohammad Amir Hamja Aged About 21 Years R/o Basant Nagar, Ward No. 9, Narayanpur, Tahsil - Bhanupratappur, Distt - North Baster Kanker Chhattisgarh (Father's Name Correctly Mentioned) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Bhanupratappur, Distt - North Baster Kanker Chhattisgarh. ... Non-Applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.06 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 55/2025, registered at Police Station – Bhanupratappur, District - North Baster Kanker (C.G.) for the offence punishable under Sections 303(2), 324(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The prosecution case, in brief, is that a report was lodged by the complainant, Aditya Kumar Krishan, on 26.03.2025 against an unknown person, stating that he had parked his motorcycle at the High School Ground, and someone had stolen it. On the basis of the said report, an FIR was registered against an unknown person for the commission of the aforementioned offence. The applicant was later arrested in Crime No. 225/2025; his memorandum statement was recorded, and he was also implicated in the present case. After completion of the investigation, a charge sheet was filed. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that there are no specific allegations made against the applicant. He also submits that the prosecution agency arrested the applicant on 29.03.2025 merely on the basis of suspicion, without collecting any concrete evidence against him in relation to the alleged offence. He further submits that the applicant’s memorandum statement was recorded in Crime No. 225/2025, and on the basis of the said memorandum statement, the applicant has been implicated in three other cases of a similar nature. However, in all those three cases, the applicant has already been granted bail. He also submits that the applicant has been in jail since 29.03.2025, and the conclusion of the trial is likely to take a considerable amount of time. Therefore, the he prays for the grant of regular bail to the applicant. 3 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case. She also submits that the present applicant has committed theft of motorcycle and he has three previous criminal antecedent under the similar nature, which shows that the present applicant is a habitual offender, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties and considering the fact that though the present applicant has committed theft of motorcycle and the applicant has three previous criminal antecedent of a similar nature, but in all those three cases, the applicant has already been granted bail, further the charge-sheet has been filed and the applicant is in jail since 29.03.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the applicant - Diyanat Khan involved in Crime No. 55/2025, registered at Police Station – Bhanupratappur, District - North Baster Kanker (C.G.) for the offence punishable under Sections 303(2), 324(2) and 3(5) of the 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 4 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 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. 5 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