1 2025:CGHC:46224 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6172 of 2025 Godla @ Raju Sahu Son Of Santosh Sahu Aged About 21 Years Resident Of Kabir Chowk, Chingrajpara, P.S. Sarkanda, District Bilaspur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station Police Station Sarkanda, District Bilaspur (C.G.) ... Non-applicant(s) For Applicant : Mr. Sanjay Kumar Sahu, Advocate. For Non-applicant/State : Ms. Ankita Shukla, 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. 816/2025, registered at Police Station : Sarkanda, District- Bilaspur (C.G.) for the offence punishable under Sections 303(2), 3(5) of B.N.S. 2. The case of the prosecution, in brief, is that the complainant has lodged a report before the concerned police Station, alleging that on the date of incident, the unknown persons have entered in the garage and committed theft of motorcycle from his garage. Based KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 upon such complaint made by the complainant, the police has registered the case under section 303(2), 3(5) of B.N.S. against the unknown persons and after the investigation, the police has arrested the present applicant on the memorandum statement. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that no incriminating article has been recovered from the possession of the applicant and further the recovery has been made from the co-accused and so far as the criminal antecedents of the applicant is concerned, the applicant has two criminal antecedents and both cases have already been disposed of and in the present case, charge-sheet has been filed before the competent Court and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. She submits that the present applicant has 02 criminal antecedents under the IPC which is of the year 2022 and 2023 which has been explained in the bail application. She further submits that from the possession of the present applicant no incriminating article has been seized further the recovery has been made from the co-accused. Accordingly, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, 3 nature and gravity of allegation levelled against the applicant and the fact that the present applicant has 02 criminal antecedents under the IPC of the year 2022 and 2023 which have already been disposed off and also considering the fact that no any incriminating article has been recovered from the possession of the applicant further the recovery has been made from the co-accused and the charge-sheet has been filed before the competent Court and looking to the period of detention of the applicant and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Godla @ Raju Sahu, involved in Crime No. 816/2025, registered at Police Station : Sarkanda, District- Bilaspur (C.G.) for the offence punishable under Sections 303(2), 3(5) of B.N.S, 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 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 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal