1 2025:CGHC:36928 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5910 of 2025 • Kamal Baghel S/o Ramkhilawan Baghel Aged About 27 Years Caste Sarthi, R/o Ward Number 12 Bilaspuriya Dafai Dallirajhara, Police Station Rajhara, Tehsil Dondi, District Balod (C.G.) ... Applicant versus • State Of Chhattisgarh District Magistrate Balod, District Balod (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Hemant Kumar Agrawal, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/07/2025 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. 08/2025 registered at Police Station Rajhara, District-Balod (C.G.), for the offence punishable under Sections 331(4), 305, 436, 340 of the IPC. 2. Case of the prosecution, in brief, is The complainant Dinesh Kumar reported before the Police Station Rajhara that on 08.01.2025 at evening after taking meal he was sleeping, at between 3.00 am to 4.00 am, the neighbor Yusuf Ali, Arjun Vishwakarma and Virendra Sahu told him that his house was on fire than the complainant saw VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.31 10:57:01 +0530 2 chair, cooler, diwan dressing were completely burned, and jewelries item and cash amount Rs. 3500/- was stolen by Amardas. The FIR was registered against Amardas Manikpuri. The investigation started and stolen properties were seized from Amardas Manikpuri on the memorandum of main accused Amardas Manikpuri, the applicant has been made accused. After completing the investigation final report was submitted before the competent Court. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and present applicant’s name is not mentioned in the FIR and no any material has been recovered from him. He further submits that on the basis of memorandum statement of the main accused namely Amardas Manikpuri, applicant falsely implicated in the present case. He lastly submits that applicant is having three criminal antecedents in connection with crime No. 243/2022 for the offence under Section 379, 34, 411 of the IPC, which is pending, in crime No.294/2019 for the offence under Section 3 Public Gambling Act, 1867, which is disposed of and in crime No.202 of 2014 for the offence under Section 380 of the IPC, which is also disposed of. The applicant is in jail since 25.02.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has three criminal antecedents. He further submits that applicant is having three criminal antecedents in connection with crime No. 243/2022 for the offence under Section 379, 34, 411 of the IPC, which is pending, in crime No.294/2019 for the offence under Section 3 Public 3 Gambling Act, 1867, which is disposed of and in crime No.202 of 2014 for the offence under Section 380 of the IPC, which is also disposed of, applicant is a habitual offender therefore, he is not entitled for grant of bail. 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 and gravity of allegation levelled against the applicant and looking to the fact that applicant’s name is not mentioned in the FIR, only on the basis of memorandum statement of the main accused namely Amardas Manikpuri, applicant implicated in the present case. he is in jail since 25.02.2025 and the charge-sheet has been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Kamal Baghel involved in Crime No. 08/2025 registered at Police Station Rajhara, District-Balod (C.G.), for the offence punishable under Sections 331(4), 305, 436, 340 of the IPC, be released on bail on their 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. 4 (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 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali