1 2025:CGHC:2301 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 334 of 2025 Suraj Yadav S/o Ashok Yadav Aged About 23 Years R/o Kanji House Gali, Parsabhata, Balco Nagar, Tahsil And District Korba (C.G.) ... Applicant versus State of Chhattisgarh Through - Police Station - Balco Nagar, Korba, Distt.- Korba (C.G.) ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.01.2025 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. 175/2024 registered at Police Station – Balco Nagar, District Korba (C.G.) for the offence punishable under Sections 457, 380, 34 of the Indian Penal Code. 2. The prosecution's case, in brief, is that on March 24, 2024, Smt. Deepa Mishra, the principal of Government Primary School, Balco Nagar, filed a written complaint against an unknown person. The 2 complaint alleged that the unknown person stole 75 kg of rice from the school. Subsequently, the police lodged an FIR against the unknown person and, after investigating, arrested a co-accused person named Rajkumar Yadav. Based on Rajkumar Yadav's statement, the present applicant was also arrested. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that only on the basis of the memorandum statement of the co-accused the applicant has been implicated in the case. He also submits that the applicant has 03 criminal antecedents under the IPC which are old cases. He further submits that the applicant is in jail since 07.07.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 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 that the present applicant has 03 criminal antecedents which are old and stale cases. Moreover, the fact that in the present bail application the charge-sheet has been filed before the competent Court and the present applicant has been in jail since, 07.07.2024 and conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled 3 to be released on bail in this case. 7. Let the Applicant – Suraj Yadav, involved in Crime No. 175/2024 registered at Police Station – Balco Nagar, District Korba (C.G.) for the offence punishable under Sections 457, 380, 34 of the Indian Penal Code, 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 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 with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (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. OfÏce 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 Abhishek ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.15 15:31:12 +0530