1 / 5 2025:CGHC:35820 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5311 of 2025 Kirtan Sahu S/o Jai Prakash Sahu Aged About 22 Years R/o Village Amleshwardih, Bajarang Para, Police Station Amleshwardih, Bajarang Para, Police Station Amleshwar, District Durg C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Mujgahan, District Raipur C.G. ... Respondent For Applicant : Mr. Sunil Verma, Advocate For Respondent : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.74/2025, registered at Police Station Mujgahan, District-Raipur (C.G.) for the offence punishable under Section 331(4), 305 and 3(5) of BNS, 2023. ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.07.25 12:27:30 +0530 2 / 5 2. The case of the prosecution, in brief, is that, on 06.04.2025 complainant namely Reshma Banjare has lodged a First Information Report against an unknown person regarding theft of Rs. 5,000/- and vehicel Activa bearing registration no. CG 04 PM 2989, four pieces of drilling machines, vivo company mobile phone from the hand bag kept in the room by entering the house through the window. Activa and mobile phone has been seized on the basis of the memorandum statement of the accused. 3. It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. He further submits that the applicant is in jail since 12.05.2025, though the charge-sheet has been filed, but the trial is likely to take some time for its conclusion. He later submit that no amount has been seized by the present applicant and the article has been seized only on the memorandum statement. Moreover he submits that although there are criminal antecedents against the present applicant, he has already been acquitted from those case, therefore, he prays grant of bail. 4. On the other hand, the learned counsel for the State opposes 3 / 5 the bail application but admits that the charge-sheet has already been filed. She further submits that there are two previous criminal antecedents of the present applicant, therefore, he is not entitled for grant of bail. 5. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, and the fact that the applicant has two criminal antecedent, in which, he has already been acquitted, charge- sheet has already been filed and he is in jail since 12.05.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 6. Let applicant, Kirtan Sahu, involved in Crime No.74/2025, registered at Police Station Mujgahan, District-Raipur (C.G.) for the offence punishable under Section 331(4), 305 and 3(5) of BNS, 2023, 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 4 / 5 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 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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 5 / 5 (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 him in accordance with law. 7. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. sd/- (Ramesh Sinha) Chief Justice alfiza