1 2025:CGHC:39525 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6245 of 2025 Sikandar Ali S/o Rasid Ali Aged About 25 Years R/o Chatidih, P.S.- Sarkanda, District- Bilaspur (Chhattisgarh) ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station- Takhatpur, Bilaspur, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Ashok Dixit, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.08.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 265/2025 registered at Police Station Takhatpur, District Bilaspur (C.G.), for the offence punishable under Section 304 of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant lodged a report at the concerned police station alleging that, on the date of the incident, unknown persons committed theft of a cash amount of Rs. 13,000/- from his pocket. Based on the complaint made by the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.07 20:27:42 +0530 2 complainant, the police registered a case under Section 304 of the Bhartiya Nyay Sanhita against unknown persons. After investigation, the police arrested the present applicant on the basis of his memorandum statement. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the aforesaid case. He submits that the police has not seized any article from the applicant, and he has not committed theft of the seized article, the applicant was arrested by the police solely on the basis of a memorandum statement. He further submits that the applicant has only two criminal cases pending against him - one under the IPC and another under the Gambling Act, both the cases are prior to the year 2021. He also submits that the applicant has been in jail since 31.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge -sheet has already been submitted in the present case. 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 and the fact that the present applicant has only two criminal cases pending against him - one under the IPC and another under the Gambling Act, both the cases are prior to the year 2021 and are old and stale cases, further, the charge - sheet has already been submitted in the present case before the competent Court, the applicant is in jail since 31.05.2025, conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicant is entitled to be 3 released on bail in this case. 7. Let the Applicant – Sikandar Ali, involved in Crime No. 265/2025 registered at Police Station Takhatpur, District Bilaspur (C.G.), for the offence punishable under Section 304 of the Bhartiya Nyaya Sanhita, 2023 be released on bail on his 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 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 4 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 Abhishek