1 2025:CGHC:35468 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5595 of 2025 Rajendra Kumar Suryavanshi S/o Lt. Prahlaad Suryavanshi Aged About 20 Years R/o Below Kanji House, Parsabhhata Balco Nagar Korba, District Korba (C.G.) ... Applicant versus State of Chhattisgarh Through Police of Police Station Balco Nagar, Korba, District - Korba (C.G.) ... Non-Applicant For Applicant : Mr. Aakash Aahuja, Advocate. For Non-Applicant/State : Mr. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.07 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 247/2025, registered at Police Station – Balco Nagar, District- Korba (C.G.) for the offence punishable under Sections 331(4) and 305 of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, is that the complainant lodged a report PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.24 11:47:19 +0530 2 stating that on 03.04.2025 at around 5:00 PM, he left for his native village, Odekera in Jaijaipur, along with his family. During this period, his house located at Balco Nagar, Korba remained locked and unattended. Upon returning on 17.04.2025 at around 2:00 PM, he discovered that the main door latch was broken. On entering the house, he found that the belongings were scattered and the premises appeared to have been ransacked. The locks of both internal rooms and a cupboard had been forcibly broken. He reported that ₹10,000 in cash kept in the cupboard and ₹4,000 kept in the diwan were missing. Additionally, several household items were stolen, including three brass plates, one brass lota, one brass ghata, one brass bucket, a dinner set, and other utensils, with the total value of the stolen items estimated at around ₹30,000. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant has no previous criminal antecedents. He also submits that the charge-sheet has been filed in this case. The applicant is in jail since 18.042025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits the charge-sheet has been filed in this case. She further submits that the co-accused has been granted bail by this Court. She further submits that from perusal of the case diary, it transpires that the applicant along with co-accused committed theft of the complainant’s house by breaking it of Rs.14,000/-cash and utensils worth around ₹30,000/- and he has one previous criminal antecedents under the Istagasa, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the 3 documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the co-accused, namely, Anand Das Mahant has already been granted bail by this Court vide order dated 16.07.2025 passed in MCRC No. 4496/2025, further the applicant has one previous criminal antecedents under the Istagasa, the charge-sheet has been filed in this case and the applicant is in jail since 18.04.2025 and conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the bail application is allowed. Let the applicant- Rajendra Kumar Suryavanshi, involved in Crime No. 247/2025, registered at Police Station – Balco Nagar, District- Korba (C.G.) for the offence punishable under Sections 331(4) and 305 of Bharatiya Nyaya Sanhita, 2023, 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 4 269 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti