1 2025:CGHC:33819 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5057 of 2025 1 - Dashrath Cherva S/o Sitaram Cherva Aged About 22 Years R/o Ghutrapara, Ujiyarpur, Tehsil Manendragarh, District M.C.B. Chhattisgarh. 2 - Ashish S/o Shri Chintawanram Aged About 30 Years Caste- Cherva, R/o Lakrapara Sonwarsha, P.S. Podi, District M.C.B. Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through The Station House Officer, P.S. Podi, District M.C.B. Chhattisgarh. ... Respondent For Applicants : Mr. Dashrath Cherva, Advocate. For Non-applicant/State. : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. 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 have been arrested in connection with Crime No. 06/2025 registered at Police Station- Podi District – M.C.B. (C.G.), for the offences punishable under Sections 303(2), 326(p) & 3(5) of the Bhartiya Nyaya Sanhita, 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.18 11:04:29 +0530 2 2. As per prosecution story in brief is that the complainant Dout Toppo as per the oral report that his grand-mother Sukhli was purchased a motor cycle, on 13.01.2025 in the evening 4:00 O'clock the motor cycle was standing in the yard of the house and in the night at about 11:00 O'clock the saw that the motor cycle was theft and see that the motor cycle was totally burn near the Dhabanakha, therefore 14.01.2025 in police chowk Nagpur the offence has been registered in crime no. 6/2025. 3. Learned counsel for the applicants submit that the present applicant are innocent person they have been falsely implicated in the aforementioned case. He submits that the FIR has been lodged on 14.01.2025 against the unknown person that someone has theft the motor cycle of the complainant and burn it, but he prosecution as after the 5 months arrested the present applicants only on the basis of the memorandum which is not admissible and they are in jail since 20.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has already been submitted before the competent Court in the present case. she further submits that the present applicants are allegedly involved in the theft, therefore, he is not entitled for grant of regular bail. 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. 3 Moreover, the charge-sheet has already been submitted before the competent Court in the present case and no incriminating articles have been seized from the possession of the present applicants and the applicants have been languishing in jail since 22.05.2025 and conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants – Dashrath Cherva & Ashish, involved in Crime No. 06/2025 registered at Police Station - Podi District – M.C.B. (C.G.), for the offences punishable under Sections 303(2), 326(p) & 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties in the like sum 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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 applicants fails to appear before the court on the 4 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