1 2025:CGHC:3110 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 477 of 2025 Deepak S/o Shri Chandoo Baghel Aged About 23 Years R/o Village- Pipariya, Ward No. 1, Police Station-Khairagarh, District- Khairagarh- Chhuikhadan-Gandai (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- The Station House Officer, Police Station-Sahaspur-Lohara, District- Kabirdham (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Paras Mani Shriwas, Advocate. For Non-Applicant(s) : Mr. S.S. Baghel, Deputy G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/01/2025 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. 10/2024 registered at Police Station Sahaspur-Lohara, District- Kabirdham (C.G.) for the offence AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 punishable under Sections 457 and 380/34 of the Indian Penal Code. 2. Case of the prosecution, in brief, is that no 07.01.2024, the complainant, namely, Vikas Mishra made complaint before the Police Station Sahaspur-Lohara, District- Kabirdham (C.G.) alleging therein that some unknown persons have broken the lock of his house and committed theft of gold, silver ornaments and cash from his house, and during the course of investigation, present applicant alongwith another co-accused have been arrested. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the complainant is habitual of lodging false report against the applicant and so many other persons to recover money from them and the concerned prosecution authorities had helped him for that, further during the course of seizure no any single article/material has been recovered from exclusive possession of the applicant, even though he has been implicated in this false case. The applicant is in jail since 17.10.2024, the applicant has three criminal antecedents, out of which, two cases are of the year 2023 under the IPC in the State of Maharashtra and one is of the year 2024 under the IPC in the State of Chhattisgarh, which are still pending, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant alongwith other co-accused persons have entered into the house of complainant by breaking the lock and committed theft of gold/silver ornaments and cash from his house, further there is also recovery of Rs.2,00,000/- from present applicant, so far as criminal antecedents, of the applicant is concerned, he has three criminal antecedents, out of which, two cases are of the year 2023 under the IPC in the State of Maharashtra and one is of the year 2024 under the IPC in the State of Chhattisgarh, which are still pending, therefore, the applicant is not entitled for grant of bail. 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, nature and gravity of offence, period of detention of the applicant since 17.10.2024, the fact that the applicant alongwith other co- accused persons have entered into the house of complainant by breaking the lock and committed theft of gold/silver ornaments and cash from his house, so far as recovery is concerned, there is recovery of Rs.200,000/- from present applicant, to which no explanation has been offered, also considering the fact that the applicant has three criminal antecedents, out of which, two cases are of the year 2023 under the IPC in the State of Maharashtra and one is of the year 2024 under the IPC in the State of Chhattisgarh, which are still pending, further charge-sheet has been filed in the 4 present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Deepak, involved in Crime No. 10/2024 registered at Police Station Sahaspur-Lohara, District- Kabirdham (C.G.) for the offence punishable under Sections 457 and 380/34 of IPC, 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 sufÏcient 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 5 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 sufÏcient 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. After passing of the order, learned counsel for the applicant submits that the trial may be expedited. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil