1 2025:CGHC:33044 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5532 of 2025 • Rajesh Jhoting S/o Ramesh Jhoting Aged About 21 Years R/o Rui Khairi Butti Bori, District Nagpur Maharashtra ... Applicant versus • The State Of Chhattisgarh Through Sho P.S. Khamhardih District Raipur Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Rishikant Mahobia, Advocate For Respondent/State : Mr. Malay Jain, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/07/2025 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.20/2025 registered at Police Station Khamhardih, District Raipur (C.G.) under Section 331(4) and 305 of BNS, 2023. 2. Case of the prosecution is in a nutshell that, the complainant has lodged a report on 15.01.2025 alleging that on 05.01.2025, some unknown persons have committed theft of Laptop, Mobil phone and VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.17 11:52:30 +0530 2 Rs. 15,000/- cash from the office of her father. Hence FIR has been lodged against them. 3. Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated in the present case. He would submit that the FIR was lodged against unknown person and there has been no description of any person given in the FIR which would link the present applicant from the aforesaid crime. Only on the basis of memorandum present applicant has been arrested. He would submit that the applicant is in jail since 28/01/2025, there is two criminal antecedents against the applicant bearing crime No. 07/2025 under Section 331(4), 305 of the BNS at Police Station – Dongargarh, Rajnandgaon (C.G.), in which charge-sheet has been filed and applicant has been granted bail by the trial Court and Crime No.560 of 2024, under Sections 331(2), 305, 34 of BNS at Police Station – Purani Basti, Raipur (C.G.), in which charge-sheet has been filed. He lastly submits that in the present case charge-sheet has been filed, conclusion of trial will take some time, therefore, she 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 two criminal antecedents against the applicant bearing crime No. 07/2025 under Section 331(4), 305 of the BNS at Police Station – Dongargarh, Rajnandgaon (C.G.), in which charge-sheet has been filed and applicant has been granted bail by the trial Court and Crime No.560 of 2024, under Sections 331(2), 305, 34 of BNS at Police Station – Purani Basti, Raipur (C.G.), in which charge-sheet has been filed and applicant is resident of Maharashtra. 3 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, nature and gravity of offence, period of detention of the applicant since 28/01/2025 and only no seizure has been made from the present applicant, 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. Let the Applicant – Rajesh Jhoting, involved in Crime No.20/2025 registered at Police Station Khamhardih, District Raipur (C.G.) under Section 331(4) and 305 of BNS, 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. 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 vaishali