1 2025:CGHC:6606 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 512 of 2025 Preetam Balmiki S/o Jvala Balmiki, Aged About 20 Years, R/o 488, Tiranga Chowk, Ambedkar Ward No. 29, Naya Munda, Police Station Kotwali, Jagdalpur, District - Bastar (Chhattisgarh) ... Applicant versus State of Chhattisgarh Through Thana Kotwali, Jagdalpur, District - Bastar (C.G.) ... Non-Applicant For Applicant : Mr. Sunil Verma, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.02.2025 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. 351/2024, registered at Police Station – Kotwali, Jagdalpur, District - Bastar (C.G.) for the offence punishable under Sections 331(4), 305, 317(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, is that the complainant, namely, Deepak Kumar Ghosh, lodged an report on 10.08.2024 at Police of Police Station PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.02.06 19:24:55 +0530 2 Kotwali, Jagdalpur, District – Bastar stating that on 24.07.2024 at about 6:00 am, an unknown person stole two mobile phones, Rs. 200/- cash, and a round flat box made of brass/copper containing silver and a silver amulet. During the investigation, the Police recorded the memorandum statement of the accused person, in which they admitted to commit the offence and stated that the stolen articles were sold to accused Sanjeev Kumar @ Akki. Thereafter, the offence punishable under above Sections has been registered against the applicant. 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 one of the co-accused, namely, Rohit Patel @ Patle has already been granted bail by this Court vide order dated 17.12.2024 passed in MCRC No. 8822/2024. It is further submitted that the applicant has no previous criminal antecedents. He also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 11.08.2024 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. He further submitted that the present has stolen two mobile phones, Rs. 200/- in cash, and a round flat box made of brass/copper containing silver and a silver amulet, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the 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 3 one of the co-accused, namely, Rohit Patel @ Patle has already been granted bail by this Court vide order dated 17.12.2024 passed in MCRC No.8822/2024, further the applicant has no previous criminal antecedents, further the charge-sheet has been filed against the applicant and the applicant is in jail since 11.08.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant - Preetam Balmiki, involved in Crime No. 351/2024, registered at Police Station – Kotwali, Jagdalpur, District - Bastar (C.G.) for the offence punishable under Sections 331(4), 305, 317(2) and 3(5) 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 sufÏcient 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 4 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 sufÏcient 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. OfÏce 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