1 2025:CGHC:29559 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5041 of 2025 Aarif Kureshi Urf Kala Sonu S/o Aziz Khan Aged About 22 Years R/o Imam Nagar Mathpurena, P.S.Tikrapara, District Raipur Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through P.S. Kharora, District Raipur, Chhattisgarh. ... Respondent For Applicant : Shri Ashish Gangwani, Advocate. For Respondent/State : Shri Saumya Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.68/2025 registered at Police Station Kharora, District Raipur for the offence punishable under Sections 331(4),305(A),3(5) of the B.N.S. (as per Challan). GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.02 18:14:10 +0530 2 2. Case of the prosecution, in brief, is that the complainant presently live in Uma Rice Mill Village Pikridih. He has a grocery shop 100 meters away from the gate of Uma Rice Mill, which he run himself, which sells cigarettes, gutkha, beedis, mobile items. On 04/02/2025 at 8.30 pm, he locked his grocery shop and went to the house given to him by the company. On 05.02.2025 at 7.00 am, when Gopal Yadav went to sweep as usual, he saw that the shutter of the shop was broken. He came to him and told him that the shutter of the shop was broken. When he went to the shop and looked inside, he found that some unknown thief had stolen goods worth Rs. 35,000/- including cigarettes. gutkha, bidi, biscuits, mobile accessories, DVR and cash amounting to ten thousand rupees by breaking the shutter between 11.30 am and 7.00 pm. On the basis of the above complaint, the Police Station Kharora, District Raipur registered case number 68/2025 under Section 331(4), 305 (a) BNS. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would further submit that co-accused person namely Ankit Vibhar has been granted regular bail by this court in MCRC No.4738/2025 on 20/06/2025. He would submit that the applicant has two criminal antecedents. He submits that the applicant is in jail since 22/03/2025 and trial is likely to take some for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. He would submit that charge sheet has been filed in this case before the competent court and the applicant is having two criminal 3 antecedents which he has explained in para 4A of 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, also considering the fact that co-accused person namely Ankit Vibhar has been granted regular bail by this court in MCRC No.4738/2025 on 20/06/2025, charge sheet has been filed, period of detention of the applicant since 22/03/2025 and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant-Aarif Kureshi Urf Kala Sonu, involved in Crime No.68/2025 registered at Police Station Kharora, District Raipur for the offence punishable under Sections 331(4),305(A),3(5) of the B.N.S. (as per Challan), 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 him under Section 269 of Bharatiya Nyaya 4 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 send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri