1 2025:CGHC:39592 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5258 of 2025 Laxmi Prasad Sahu S/o Late Rajendra Sahu Aged About 19 Years R/o Shivrinarayan, P.S. Shivrinarayan, At Present Address Village Hasua P.S. Gidhouri, District- Balodabazar-Bhatapara Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Gidhouri, District- Balodabazar - Bhatapara Chhattisgarh ... Non-applicant For Applicant : Mr. U.P.S. Sahu, Advocate. For Non-applicant/State : Mr. Malay Jain, 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. 91/2025 registered at Police Station – Gidhouri District – Balodabazar- Bhatapara (C.G.) offence under Sections 331(4), 305(a) & 3(5) of the Bhartiya Nyay Sanhita, 2023. 2. As per case of the prosecution, in brief, is that the complainant has VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.08 11:03:44 +0530 2 lodged a report to the concerned police Station, alleging that on the date of incident, the unknown persons have entered in the house and committed theft of golden, silver, and cash amount of Rs. 3,000/- from his house. Based upon such complaint made by the complainant, the police has registered the case under section 331(4), 305(a), 3(5) of Bharatiya Nyay Sanhita, 2023 against the unknown persons and after the investigation, the police has arrested the present applicant on the memorandum statement. 3. The applicant is innocent and has been falsely implicated in the alleged offence, having committed no such act as alleged by the prosecution. He neither entered the complainant’s house nor stole any article therefrom, and no incriminating material or stolen property has been recovered from his possession. The prosecution has failed to collect sufficient evidence linking the applicant to the alleged theft, and his arrest is solely based on a memorandum statement without any independent corroboration. The applicant strongly denies acting in the manner alleged, and contends that the prosecution has concocted a false and baseless story to implicate him and he is in jail since 18.05.2025, 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 3 only Rs. 500/- was recovered from the possession of the present applicant and also considering 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, 18.05.2025 and conclusion of the trial may take some more time, therefore, 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 – Laxmi Prasad Sahu, involved in Crime No. 91/2025 registered at Police Station – Gidhouri District – Balodabazar - Bhatapara (C.G.) offence under Sections 331(4), 305(a) & 3(5) of the Bhartiya Nyay Sanhita, 2023, be released on bail on his furnishing personal bond with two local 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 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 4 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/- (Ramesh Sinha) Chief Justice vaibhav