1 2025:CGHC:35711 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5778 of 2025 Balram Sahu S/o Shivaji Sahu Aged About 38 Years R/o 2262 Janda Chouwk Tatibandh, District Raipur C.G. ... Applicant(s) versus State Of Chhattisgarh Through Police Station - Amanaka, District Raipur C.G. ... Respondent(s) For Applicant(s) : Mr. Rakesh Kumar Thakur, Advocate. For Respondent(s) : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/07/2025 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. 151/2025 registered at Police Station Amanaka, District Raipur (C.G.) for the offence punishable under Sections 305, 331(4), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that a complaint was lodged by Chhagan Khajuriya on May 16, 2025, at Police Station Amanaka, alleging that on the intervening night of May 12, 2025, and May 13, 2025, unknown persons had stolen various items, including copper wire, branch fittings, copper pipe rolls, copper socket fittings, staplers, geysers, RO systems, VCD dampers, plastic baskets, fans, gift items, lights, and exhaust fans, worth approximately Rs.2,10,000/- from his electronic showroom, "Kavya". Based on the aforementioned report, a First Information Report (FIR) was registered against unknown persons and during the course of investigation, present applicant has been arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the police have not found any evidence or independent witness who has seen the applicant stealing from the shop of the informant or taking the stolen items with him, and therefore, he has no involvement of any kind in the alleged crime. He also submits that the actual story of the case is that the applicant is a scrap dealer (Kabadi) who has been buying and selling scrap goods for the past 10 years. The applicant had no knowledge that the items he purchased were stolen or that someone had sold him stolen goods. There is no evidence or document presented in the case that links the applicant to the alleged offense. Additionally, there was no Test Identification Parade (TIP) was conducted by the prosecution. The applicant is in 3 jail since 16.05.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. 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. She further submits that the applicant is alleged to have, in collusion with other co-accused persons had stolen items i.e. copper wire, branch fittings, copper pipe rolls, copper socket fittings, staplers, geysers, RO systems, VCD dampers, plastic baskets, fans, gift items, lights, and exhaust fans, worth approximately Rs.2,10,000/- from the complainant’s electronic showroom, "Kavya", therefore, present applicant is not entitled for grant of bail. 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 16.05.2025, the fact that though the applicant is alleged to have, in collusion with other co-accused persons had stolen items i.e. copper wire, branch fittings, copper pipe rolls, copper socket fittings, staplers, geysers, RO systems, VCD dampers, plastic baskets, fans, gift items, lights, and exhaust fans, worth approximately Rs.2,10,000/- from the complainant’s electronic showroom, but the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the 4 view that the applicant is entitled to be released on bail in this case, accordingly, the application is allowed. 7. Let the Applicant-Balram Sahu, involved in Crime No. 151/2025 registered at Police Station Amanaka, District Raipur (C.G.) for the offence punishable under Sections 305, 331(4), 3(5) of Bharatiya Nyaya Sanhita, 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 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 5 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 Akhil