1 2025:CGHC:2797 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 424 of 2025 Shivshankar @ Gudda Sharma S/o Heeralal Sharma Aged About 45 Years R/o Village Chukan, Police Station Bhalumada, District Anuppur (M.P), At Present- Jamuna Kalary, Police Station Bhalumada, District Anuppur (M.P.) ... Applicant versus State of Chhattisgarh Through OfÏcer-In-Charge, Police Station- Jhagrakhand, District Manendragarh-Chirmiri-Bharatpur, (C.G.) ... Non-applicant For Applicant : Mr. Shivam Agrawal, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.01.2025 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. 99/2024, registered at Police Station : Jhagrakhand, District Manendragarh-Chirmiri-Bharatpur, (C.G.) for the offence punishable under Sections 331(4), 305 of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant reported to Police Station Jhagrakhand that an unknown person entered his shop and stolen approximately Rs. 40,000/- during the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.17 20:11:55 +0530 2 midnight hours of 19.09.2024 to 20.09.2024. Based on this information, FIR was registered, and the applicant was subsequently arrested. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has falsely been implicated in the aforesaid case. He further submits that the FIR was lodged against unknown person after 1 day delayed and so-called pen drive and CD is tempered, and their authenticity are completely doubtful, because owner of the CCTV camera and DVR namely Dr. Chouhan has not given any evidence against the applicant. He also submits that the present applicant has only two criminal antecedents of the year 2014 and 2019 in which he is on bail and he is in jail since 25.09.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail in the present case. 4. On the other hand, the learned State counsel opposed the bail application of the present applicants and submitted that the charge sheet has been submitted before the competent Court. He further submits that the present applicant entered his shop and stolen approximately Rs. 40,000/-. He further submits that the present applicant has three criminal antecedents of the year 2014, 2019 and 2022 under the similar nature and all cases are pending which shows that the present applicant is habitual offender. Therefore, the present applicant is not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case that though the present applicant entered his shop and stolen approximately Rs. 40,000/- and he has three criminal antecedents of the year 2014, 2019 and 2022 in which he is on bail, but the charge-sheet has been submitted before the competent Court and the applicant is in jail since 25.09.2024, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Let applicant, Shivshankar @ Gudda Sharma, involved in Crime No. 99/2024, registered at Police Station : Jhagrakhand, District Manendragarh-Chirmiri-Bharatpur, (C.G.) for the offence punishable under Sections 331(4), 305 of the Bhartiya Nyaya Sanhita, 2023, 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 sufÏcient 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 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 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