1 2025:CGHC:29162 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4995 of 2025 Pushpraj @ Vikas Behra S/o Madhusudan Behra Aged About 21 Years (Wrongly Mention Behara In Order), R/o Chandani Chowk (Wrongly Mention Choak In Order), Tiur Para, Raigarh, Tah and District Raigarh Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Thana In-Charge, P.S. City Kotwali, District Raigarh Chhattisgarh. ... Non-Applicant For Applicant : Mr. Rajendra Tripathi, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, 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. 463/2024, registered at Police Station – City Kotwali, District Raigarh (C.G.) for the offence punishable under Sections 303 (2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that on 28.07.2024, the complainant, namely Brajesh Patel, had parked his Yamaha RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 motorcycle bearing registration number CG 13 AG 3148 in front of his house. However, the next morning, he found the motorcycle missing. Upon checking the CCTV footage, he observed that an unknown person had taken the motorcycle. Accordingly, the complainant lodged an F.I.R. at the concerned police station. 3. It has been argued by the learned counsel for the applicant 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. It is also submitted that the applicant has only one previous criminal antecedent of a similar nature, which is listed today before this Court in MCRC No. 4986/2025, and in that case as well, bail has already been granted. He further submits that the applicant has been in jail since 25.05.2025, and the conclusion of the trial is likely to take a considerable amount of time. Therefore, the learned counsel prays for the grant of regular bail to the applicant. 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. He also submits that the present applicant has committed theft of motorcycle and he has one previous criminal antecedent under the similar nature, 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. 3 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, but the applicant has only one previous criminal antecedent of a similar nature, which is listed today before this Court in MCRC No. 4986/2025, and in that case as well, bail has already been granted, further the charge-sheet has been filed and the applicant is in jail since 25.05.2025 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. Let the applicant - Pushpraj @ Vikas Behra involved in Crime No. 463/2024, registered at Police Station – City Kotwali, District Raigarh (C.G.) for the offence punishable under Sections 303 (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 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 4 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 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