1 2025:CGHC:33818 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5064 of 2025 1 - Umesh Yadav S/o Shri Prahlad Yadav Aged About 25 Years R/o Village - Jhimki, Thana And Tahsil - Patthalgaon, Present R/o Patthalgaon, District – Jashpur,(C.G.) 2 - Tiger @ Sonu S/o Late Shri Ijhajar Qureshi Aged About 35 Years By Caste - Musalman, R/o Village - Bilaitangar, Thana And Tahsil - Patthalgaon, District - Jashpur (C.G.) ... Applicants versus The State Of Chhattisgarh Through - Station House Officer, Police Station - Patthalgaon, District - Jashpur (C.G.) ... Non-applicant For Applicants : Mr. Sunil Sahu, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 17.07.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants they has been arrested in connection with Crime No. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.18 11:04:30 +0530 2 90/2025 registered at Police Station : Patthalgaon District - Jashpur (C.G.) for the offence punishable under Sections 305(A), 331(4), 317(2) & 3(5) of B.N.S. 2023. 2. The prosecution story in short is that, complainant Prattek Sharma lodged the written report on 29.04.2025 against unknown person with the averment that on 28.04.2025 at about 9.30 Am he went to his godown and seen that some unknown persons have committed theft of Masala from his godown so on the basis of the report an offence has been registered applicants were arrested and their memorandum is recorded in which they stated that the said theft masala has been sold to Suresh Pradhan in a sum of Rs.7,000/- so police arrested the applicant s and after completing the investigation file the charge sheet. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He submits that the applicants have neither committed any offence as labeled against them nor involved in the alleged commission of offence of theft and there is inordinate delay in lodging the FIR and there is no explanation with regard to such delay which creates serious doubt upon the prosecution story and they are in jail since 30.04.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicants have no criminal antecedents, further, the charge-sheet has already been submitted in the present case before the competent Court and the present applicants have been in jail since 30.04.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicants are entitled to be released on bail in this case. 7. Let applicants, Umesh Yadav & Tiger @ Sonu, involved in Crime No. 90/2025 registered at Police Station : Patthalgaon District - Jashpur (C.G.) for the offence punishable under Sections 305(A), 331(4), 317(2) & 3(5) of B.N.S. 2023, be released on bail on his furnishing a personal bond with two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants 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 applicants 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 4 Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fails 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 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 them 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 vaibhav