1 2025:CGHC:46374 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5855 of 2025 Rajan Kumar Dahre Son Of Late Shiv Kumar Dahre Aged About 23 Years Resident Of Village Utai, Police Station Utai, District Durg (C.G.) --- Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Utai, District Durg (C.G.) --- Respondent For Applicants : Mr. Jitendra Gupta, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.09.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 117/2025, registered at Police Station : Utai District – Durg (C.G.) for the offence punishable under Section 303(2), 317(2) read with Section 3(5) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.11 12:55:22 +0530 2 2. As per the prosecution story in brief is that, on 25-03-2025 at about 2.20 to 21 hrs the present applicant has stolen the motorcycle (Registration Number CG-07/AH-2168 of the complainant namely Dr. Bhupendra Kumar Sahu, therefore crime has been registered against the applicant. 3. The applicant is an innocent person who has been falsely implicated in the present case. He has neither committed nor participated in any act constituting the alleged offences, and the evidence collected by the prosecution is not sufficient to establish his guilt. The FIR was lodged against unknown persons, and the applicant has been implicated merely on suspicion and his past record. He has been in custody since 24.03.2025, is the sole earning member of his family, and the charge sheet has already been filed. The applicant is a permanent resident at the address mentioned in the cause title, with no likelihood of absconding, and is ready to furnish adequate surety and abide by any conditions imposed by this Hon’ble Court., conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the submissions made by learned counsel for the parties, and further considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, the fact that he has been in jail since 24.03.2025, 3 and that the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Rajan Kumar Dahre, involved in Crime No. 117/2025, registered at Police Station : Utai District – Durg (C.G.) for the offence punishable under Section 303(2), 317(2) read with Section 3(5) of the BNS, be released on bail on 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 his 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 4 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 vaibhav