1 2025:CGHC:30194 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5154 of 2025 • Jagesh Chouhan @ Jaggu S/o Suresh Chouhan Aged About 25 Years R/o House Of Pushpa Toppo, Near Atmanand School P.S. Khamtarai, District Raipur Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Gudhiyari, Raipur, District Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Rekhraj Baghel, Advocate For Respondent : Mr. Malay Jain, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/07/2025 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.192/2025 registered at Police Station Gudhiyari, District Raipur (C.G.) under Section 331(1), 305(A) of BNS. 2. The case of the prosecution, in brief, is that the complainant has lodged a report to the concerned police Station, alleging that on the date of incident, the unknown persons have entered in VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 his house by breaking lock and committed theft of golden, silver and cash amount of Rs. 50,000/-valuation total amount 70,000/- from his house and on the basis of complaint made by the complainant, the police has registered the case under section 331 (1), 305(A) of Bhartiya Nyay Sanhita against the unknown persons and after the investigation, the police has arrested the present applicant on the memorandum statement. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case and the applicant has neither entered in the house nor committed stole of any article of the complainant’s house. He also submits that the prosecution has not collected the sufficient material from the possession of the applicant regarding theft article. He further submits that only on the basis of merely suspicious and memorandum statement he has been alleged by the prosecution against him. He further submits that the applicant has no criminal antecedents and he is in jail since 17.04.2025 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. On the other hand, learned counsel appearing for the State/non-applicant would oppose the bail application and submit that applicant has one previous criminal antecedent since the year 2019, but looking to the conduct of the applicant he is not entitled for grant of bail. 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 and also considering the fact that prosecution has not collected the sufficient material from the possession of the applicant regarding theft article, trial is likely to take some time for its conclusion, he is in jail since 17.04.2025, looking to the detention period of the present applicant, this Court is of the view that the applicant is entitled to be released on bail in this case 7. Let the Applicant – Jasgesh Chouhan @ Jaggu, involved in Crime No.192/2025 registered at Police Station Gudhiyari, District Raipur (C.G.) under Section 331(1), 305(A) of BNS, be released on bail on his furnishing 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 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 4 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 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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/ Sd/- (Ramesh Sinha) Chief Justice vaishali