1 2025:CGHC:39976 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5332 of 2025 A. Pyarelal Kenwat S/o A. Chinabbi Kenwat, Aged About 40 Years R/o Pahadi Chowk, Premnagar, Police Station Gudhiyari, District Raipur (C.G.).. ... Applicant versus State Of Chhattisgarh Through- The Station House Officer, Police Station G.R.P. Raipur, District Raipur (C.G.). ... Respondent For Applicant : Mr. Syed Afaque Hussain Rizvi, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.08.2025 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.49/2025 registered at Police Station G.R.P. Raipur, District – Raipur (C.G.), for the offence punishable under Sections 303(2) of Bharatiya Nyay Sanhita 2023. 2 2. As per the prosecution story in brief is that, on 10-03-2025, the vehicle of the complainant namely Satish Sahu was theft by unknown person from the Railway Plat Form No.07, therefore the complainant made complaint at Police Station GRP Raipur and during the investigation, on the memorandum statement of present applicant, the said vehicle was seized from the possession of present applicant, therefore the applicant has been arrested and filed the charge sheet before the concerned Court. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that the applicant has neither committed nor participated any such act, which may amount to any of the offences mentioned above and the evidence collected by the prosecution are also not prima-facie sufficient to hold the applicant guilty of the aforesaid offence. He further submits that the applicant is in jail since 30.04.2025, 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. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and the fact that the present applicant has one criminal antecedent, for which an explanation has already been given in the bail application, and further that the charge-sheet has been submitted before the competent Court in the present case, the applicant has been languishing in jail since 30.04.2025, and the conclusion of the trial 3 may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – A. Pyarelal Kenwat, involved in Crime No.49/2025 registered at Police Station G.R.P. Raipur, District – Raipur (C.G.), for the offence punishable under Sections 303(2) of Bharatiya 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 his 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 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