1 2025:CGHC:39957 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5959 of 2025 Bhojram Nirmalkar S/o Shri Bedram Nirmalkar Aged About 19 Years R/o Village- Sarora, Nayapara, P.S. Tilda-Nevra District- Raipur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Simga, District- Balodabazar-Bhatapara (C.G.) ... Respondent For Applicant : Shri Manish Thakur, Advocate. For Respondent/State : Ms. Ankita Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/08/2025 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.291/2025 registered at Police Station Simga, District Baloda GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.11 16:58:11 +0530 2 Bazar-Bhatapara C.G. for the offence punishable under Sections 331(4), 305(A), 326 (च) & 3(5) of BNS. 2. Case of the prosecution, in brief, is that the complainant has lodged a report to the concerned police Station, alleging that on the date of incident, the unknown persons have entered in the house and committed theft of Artika car vehicle bearing registration no. C.G. -04- QE,-1897 chassis No. MA 3BNC72SSA962644 engine No. K15SCN1026684 valuation vehicle of Rs.09,00,000/- from his house. Based upon such complaint made by the complainant, the police has registered the case under section 331(4), 305(A), 326 (च), 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 would submit that the applicant has neither entered in the house nor committed theft of any subject vehicle of the complaint. He would submit that the charge sheet has been filed in this case, applicant is in jail since 29/05/2025 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 and she would submit that charge sheet has been filed in this case before the competent court and the applicant has no previous criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, applicant has no previous criminal antecedents, period of detention of the applicant since 29/05/2025, 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- Bhojram Nirmalkar, involved in Crime No.291/2025 registered at Police Station Simga, District Baloda Bazar-Bhatapara C.G. for the offence punishable under Sections 331(4), 305(A), 326 (च) & 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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri