1 2025:CGHC:34059 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5653 of 2025 Brijlal Ratre S/o Darasram Ratre Aged About 40 Years R/o Near Gurugasidas Mandir, Tarbahar, Police Station - Tarbahar, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through - Office-In-Charge, Police Station - Sarkanda, District- Bilaspur (C.G.) ... Respondent For Applicant : Shri Shivam Agrawal, Advocate. For Respondent/State : Shri Soumya Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/07/2025 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.305/2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.21 17:27:28 +0530 2 Sarkanda, District Bilaspur (C.G.) for the offence punishable under Sections 331(4), 305(A), 317(2), 3(5) of the BNS (corresponding section 457, 380, 411, 34 of the IPC). 2. Case of the prosecution, in brief, is that the complainant reported before the Police Station that unknown person entered and stolen Jewelry like gold & silver and cash amount total value of Rs. 60,000/- from her house at night of 25.02.2025. The applicant was arrested and after completing the investigation charge sheet has been filed. 3. It has been argued by learned counsel for the applicant that name of the applicant has come into light in the confessional statement of co-accused Santosh @ Dainy Sahu who has been granted bail by this Court in MCRC No.4003/2025 on 20/06/2025. It is stated that the recovery of the alleged gold ornaments is infact artificial ornaments and the seizure witness of the said recovery memo belongs to a different police station. He would submit that the applicant is in jail since 03/03/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He would submit that there is no previous criminal antecedent against the present applicant. 5. I have heard learned counsel appearing for the parties and 3 perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, considering the fact that the co- accused Santosh @ Dainy Sahu has been granted regular bail by this Court in MCRC No.4003/2025 on 20/06/2025, applicant has no criminal antecedents, period of detention of the applicant since 03/03/2025, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the applicant-Brijlal Ratre, involved in Crime No.305/2025 registered at Police Station Sarkanda, District Bilaspur (C.G.) for the offence punishable under Sections 331(4), 305(A), 317(2), 3(5) of the BNS (corresponding section 457, 380, 411, 34 of the IPC), 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 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 4 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri