1 2025:CGHC:42191 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5144 of 2025 • Jamil Khan S/o Sumsuddin Aged About 58 Years R/o Village Rajka, Post - Nagina, Tahsil Nagina, District Nuh Haryana ... Applicant versus • State Of Chhattisgarh Through Police Station Kawardha, District Kabirdham Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Ms. Hamida Siddqui and Mr. Harsh Verma, Advocate For Respondent/State : Mr. Soumya Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/08/2025 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.156/2025 registered at Police Station- Kawardha, District-Kawardha (C.G.), for the offence punishable under Sections 303(2) & 122 of BNS, 2023. 2. The prosecution story, in brief, is that the applicant and other co- accused is a member of an organized gang and are stealing trucks and motorcycles. The police report attached with the case diary VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.22 11:08:44 +0530 2 mentions that applicant and other co-accused, who are resident of Hariyana and Rajsthan, are likely to steal vehicles in Bemetara, Mungeli, Kawardha and other districts in Chhattisgarh. Hence FIR has been registered. 3. Learned counsel for the applicant would submits that applicant has been falsely implicated in crime in question. It has been argued by learned counsel for the applicant that applicant has neither committed nor participated in any such crime and the said vehicle has not been recovered from the present applicant, not any other item has been recovered from the possession of the present applicant. He further submitted that the co-accused has already been granted bail by the learned trial Court. He also submits that applicant is in jail since 24.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State opposes the bail application and submits that no seizure has been made from the present applicant, but looking to the conduct of the present applicant, he is not entitled for grant of bail in this case. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicant and from the perusal of the case diary, it transpires that no seizure has been made from the present applicant, he is in jail since 24.05.2025 and conclusion of the trial is likely to take quite long time, this Court is of the view that the applicant is entitled to be released on bail in this case. 3 7. Let the applicant – Jamil Khan, involved in Crime No.156/2025 registered at Police Station-Kawardha, District-Kawardha (C.G.), for the offence punishable under Sections 303(2), 122 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. (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 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 4 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously within a period of six months from the receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali