1 2025:CGHC:35540 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4982 of 2025 1 - Ashok Sao S/o Salandra Aged About 62 Years R/o Village - Ekdara, Police Station - Budhuchak, District - Bhagalpur (Bihar) 2 - Dheeraj Kumar Sao S/o Sankhya Prasad Sao Aged About 25 Years R/o Village - Ekdara, Police Station - Budhuchak, District - Bhagalpur (Bihar) ... Applicant(s) versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station - Kansabel, District - Jashpur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Jitendra Kumar Saxena, Advocate For Respondent(s) : Ms. Monika Thakur, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 23/07/2025 1. The applicants have preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 63/2025, registered at MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2025.07.24 15:36:59 +0530 2 Police Station Kansabel, District- Jashpur (CG) for the offence punishable under Sections 318(4), 3(5) of BNS, 2023. 2. The prosecution story in brief is that on 21.05.2025, the complainant Ahladi Tigga lodged report at Police Station, Kansabel to the effect that on 19.05.2025 the applicants came in the house of complainant and asked her for cleaning the ornaments, upon which, the complainant given one bowl to the complainant and the accused persons returned the bowl after cleaning the same. Thereafter the complainant gave her gold chain and gold tops for cleaning, but the applicants have not returned the said ornaments and fled away in the motorcycle. On the basis of said report, the alleged offence has been registered against the applicants. 3. It was argued by the counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. The charge sheet has already been filed before the court below, the applicants are in jail since 23.05.2025 and the trial will take considerable time for its conclusion and the applicant no. 1 is aged about 62 years, therefore the applicants may kindly be released on bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the accused persons have fraudulently took the gold ornaments of the complainant in the name of cleaning the same but did not returned them to the complainant and fled away. She further submits that there is 1 criminal antecedent 3 against the applicant no. 1 in Bihar. 5. I have heard learned counsel 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, the applicants are in jail since 23.05.2025 and the trial is likely to take considerable time for its conclusion, looking to the age of applicant no.1, this Court is of the opinion that it is a fit case for grant of regular bail. Accordingly, the bail application deserve to be and is hereby allowed. 7. Let the Applicants- Ashok Sao and Dheeraj Kumar Sao, involved in Crime No. 63/2025, registered at Police Station Kansabel, District- Jashpur, (C.G.) for the offence punishable under Sections 318(4), 3(5) of BNS, 2023 be released on bail on their furnishing a 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. 4 (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 them under Section 269 of Bhartiya Nyay Sanhita, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant fail 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 Bhartiya Nyaya Sanhita, 2023. (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 BNSS. If in the opinion of the trial court absence of the applicants 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 them in accordance with law. 8. This Court hopes and trusts that the Trial Court shall make earnest endeavour to conclude the trial expeditiously as soon as 5 possible preferably within a period of six months from the production of certified copy of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Madhurima