1 2025:CGHC:33846 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5615 of 2025 Mohammad Adnan S/o Mohammad Abdul Qadir Aged About 23 Years R/o Sangram Chowk, Camp 1, Supela Bhilai, P.S. Supela, District- Durg (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House Officer, P.S. Balod, District- Balod (C.G.) ... Non-applicant For Applicant : Ms. Sweksha Sharma, Advocate For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17/07/2025 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. 184/2025 registered at Police Station- Balod, District- Balod (C.G.) for the offence under Sections 305, 331(3) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief is that on 03.05.2025 at about 5:00 PM, when the complainant returned to his shop, he found that a RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 sum of Rs. 1,20,000/- had been stolen from the shop. During the course of investigation, the applicant, along with a co-accused, was apprehended by the police, and a sum of Rs. 5,000/- was recovered from the possession of the applicant. The applicant was arrested by the police of Police Station – Balod, District Balod (C.G.), on 30.05.2025 for the alleged offence punishable under Sections 305, 331(3) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. She also submits that the applicant has falsely been implicated only on the basis of memorandum of co-accused. She also submits that the possession of the present applicant only Rs.5,000/- was recovered. She further submits that the applicant has no criminal antecedents and he is in jail since 30.05.2025 and trial is likely to take quite long time for its conclusion, therefore, she prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that the charge- sheet has been submitted in the present case before the competent Court. She further submits that the present applicant along with co- accused had stolen sum of Rs. 1,20,000/- from the shop and Rs.5000/- was recovered from the possession of the present applicant, therefore, the present applicant is not entitled for grant of bail. 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 allegation levelled against the applicant and the fact that though the present applicant along with co-accused had stolen sum of Rs. 1,20,000/- from the shop, but only Rs.5000/- was recovered from the possession of the present applicant, the charge sheet has already been filed, no criminal antecedents against the applicant and he is in jail since 30.05.2025, and the trial is likely to take considerable time for its conclusion, this Court is of the opinion that it is a fit case for grant of regular bail. Accordingly, the bail application deserve to be and are hereby allowed. 7. Let the applicant, Mohammad Adnan, involved in Crime No. 184/2025 registered at Police Station- Balod, District- Balod (C.G.) for the offence under Sections 305, 331(3) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 4 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan