1 2025:CGHC:35653 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5145 of 2025 1 - Arjun Rajput S/o Kalu Singh Rajput Aged About 29 Years R/o Village - Ramhepur-Kala, Police Station - Kawardha, District-Kabirdham (C.G.) --- Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer Of Police Station-Badla, District-Kabirdham (C.G.) --- Respondent(s) For Applicant : Mr. Sanjeev Kumar Sahu, Advocate For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23/07/2025 1. The applicant has preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 85/2025, registered at Police Station Bodla, District- Kabirdham (CG) for the offence punishable under Sections 331(3), 305(A), 317(2), 317(4) and 2 317(5) of BNS, 2023U+002e 2. The prosecution story in brief is that the incident occurred between Saturday evening and Sunday morning, specifically between 5:30 PM on 29.05.2025 and 8:00 AM on 30.05.2025. The place of incident was located approximately 2 kilometers sout of the police station at Village Ranmhepur Sugar Factory. The informant Dhansingh, who works as the Factory Manager of the Sugar Factory in Ramhepur, reported the incident. His duty hours are from 8:00 AM to 5:00 PM and on 29.05.2025, he was present at work. On the same day, two hard water pumps of PSP Company and one used water pump of Mag Mother & Plot Company, valued at Rs. 3 lakhs collectively worth Rs. 10,00,000/- had been stolen. Based on this information, a case was registered, and an investigation was initiated. 3. It was argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the co-accused of this case has been granted bail by this Court in MCRC No. 5548/2025 vide order dated 16.07.2025. He also submitted that charge sheet has been filed by the investigation agency but no seizure has been made. On the basis of doubt and revenge he has been arrested. The applicant is in jail since 31.05.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of regular bail on the ground of parity. 4. On the other hand, learned State counsel opposes the bail 3 application of the present applicant and submits that the charge sheet has been submitted in the present case before the competent Court. She further submits that the present applicant had stolen two hard water pumps of PSP Company, valued at Rs. 7 lakhs and one used pump of Mag Mother & Plot Company, valued at Rs. 3 lakhs collectively worth Rs. 10,00,000/-, therefore, the present applicant is not entitled for grant of 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, nature and gravity of allegation levelled against the applicant and and further the fact that the co-accused namely Mushtakudin has already been granted bail by this Court being MCRC No. 5548/2025, the charge sheet has already been filed and he is in jail since 31.05.2025, and the trial is likely to take considerable time for its conclusion, this Court is of the opinion that it is a fit case for grant of regular bail. Accordingly, the bail application deserve to be and is hereby allowed. 7. Let the Applicant- Arjun Rajput, involved in Crime No.85/2025, registered at Police Station Bodla, District- Kabirdham, (C.G.) for the offence punishable under Sections 331(3), 305(A), 317(2), 317(4) and 317(5) of BNS, 2023 be released on bail on their furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following 4 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 them under Section 269 of Bhartiya Nyay Sanhita, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant fail 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 Bhartiya Nyaya Sanhita, 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) 5 opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 BNSS. If in the opinion of the trial court absence of the applicants 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 copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Madhurima MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2025.07.24 13:37:49 +0530