1 2025:CGHC:39258 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5882 of 2025 Mohd. Rashid @ Shakir S/o Mohd. Raiesh Aged About 21 Years R/o Ward No. 09, P.S. Nawrozabad, Distt.- Umariya (M.P.) ... Applicant versus State Of Chhattisgarh Through - P.S. - Gaurela, Distt.- GPM (C.G.) ... Respondent For Applicant : Shri Anchal Kumar Matre, Advocate. For Respondent/State : Shri Soumya Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.94/2025 registered at Police Station Gaurela, District - G.P.M. (C.G.) for the offence punishable under Sections 303(2),111, 3(5) of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.08 11:53:07 +0530 2 2. Case of the prosecution, in brief, is that the applicant along with other co-accused is alleged of committing theft of motorcycle HF Delux bearing registration no. CG 10 AT 8433 of which approximate amount is Rs. 30,000/-. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in present case as he was not involved in the offence and has been made accused on the basis of memorandum of co-accused Suraj Chaudhary. The applicant is only a mechanic and an owner of a motorcycle garage. The applicant has been made accused only on the basis of memorandum of co-accused persons and no recovery has been actually made from the present applicant. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 27/04/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. 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 of allegation levelled against the applicant who is a mechanic, period of detention of the applicant since 27/04/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Mohd. Rashid @ Shakir, involved in Crime No.94/2025 3 registered at Police Station Gaurela, District - G.P.M. (C.G.) for the offence punishable under Sections 303(2),111, 3(5) of BNS, 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 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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri