1 2025:CGHC:39584 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5223 of 2025 Pushpendra Dewangan S/o Mukesh Dewangan, Aged About 22 Years R/o Pandaritarai Road, P.S. - Devendra Nagar, Raipur, Distt. Raipur (C.G.) ...Applicants versus State Of Chhattisgarh Through Sho, P.S. Civil Lines, Raipur (C.G.) ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Mr. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.08.2025 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 applicant who has been arrested in connection with Crime No. 189/2025 registered at Police Station – Civil Lines, Raipur District Raipur (C.G.) offence under Sections 305, & 331(4), of the Bhartiya Nyay Sanhita, 2023. 2. As the case of the prosecution is that, an FIR was lodged on VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.08 11:03:45 +0530 2 03.05.2025 against unknown person by one Moh Ibrahim, alleging that he and his family was out of station from 24.04.2025. On 29.04.2025 one Maulana Kalam informed to him over phone, that windows of kitchen was broken then the complainant asked the informant to look inside the house then he found that windows were broken and doors of three Almiras were also broken and someone has committed theft in their house and stolen Silver jewelery and cash of total of Rs. 90,000/- (Nineteen Ninetal Thousan Housand Rupees). Hence the FIR. 3. The applicant is an innocent college student who has been falsely implicated in the present case without any legal evidence or material linking him to the alleged offence. He has no role in the commission of the crime, which is primarily attributed to two minors currently facing trial before the Juvenile Justice Board. The FIR was initially lodged against unknown persons, and the applicant appears to have been named solely due to his acquaintance with the accused minors. He has no prior criminal antecedents, is a permanent resident of District Raipur (C.G.) His continued detention serves no purpose, and he is willing to furnish surety and comply with all conditions imposed by this Hon’ble Court. He also submits that the applicant is in jail since 03.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, the fact that the applicant has no previous antecedents, and also considering that the charge sheet has been filed and the applicant has been in jail since 03.05.2025, and that the conclusion of the trial may take some more time, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Pushpendra Dewangan, involved in Crime No. 189/2025 registered at Police Station – Civil Lines, Raipur District Raipur (C.G.) offence under Sections 305, & 331(4), of the Bhartiya Nyay Sanhita, 2023, be released on bail on furnishing personal bond with two local 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 they 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 their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the 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 4 of the trial court absence of the applicants are 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