1 2025:CGHC:39309 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6222 of 2025 • Rajesh Tandon S/o Ram Vilas Tandon Aged About 25 Years Present Address - Adarsh Nagar, House Of Aditya Verma, Near Mowa School, Pandri, Police Station - Pandri, Tehsil And District - Raipur (C.G.) Permanent Address- Village- Dhodha, Ward No. 10, Ambedkar Chowk, Police Station- Hathband District- Baloda Bazar Bhatapara (C.G.) ... Applicant versus • State Of Chhattisgarh Through The Station House Officer, Police Station Civil Lines, District - Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Ms. Sejal Makkad and Mr. Pranay Thite, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer 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.141/2025 registered at Police Station-Civil Lines, District- Raipur (C.G.) under Sections 331(4), 305, 3(5) of BNS, 2023. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.08 11:12:45 +0530 2 2. Case of the prosecution, in brief, is that prosecution case is that the complainant Sanjay Rathi approached Police Station Pandri on 02.04.2025 and informed that he is the proprietor of a clothing showroom named "Shri Shivam", and that there is a cash counter located on the ground floor of the said showroom where cash is kept. An amount of 229,60,794/- (Rupees Twenty-Nine Lakhs Sixty Thousand Seven Hundred mete-Four) was kept in the Agverly drawer of the main cash counter, and an additional 10,26,440/- (Rupees Ten Lakhs Twenty-Six Thousand Four Hundred Forty) was kept in the drawer of another counter. On the night of 31.03.2025 at around 11:00 PM, the complainant's store manager, Gaurav Pandey, locked the shop and went home. The next day on 01.04.2025 at around 09:30 AM, an employee named Anil Gautam arrived to open the store along with cleaning staff. After a while, one of the cleaners who had gone upstairs informed that the door to the fifth-floor terrace was open, its latch was broken, and the lock was found placed nearby. Anil Gautam then checked the main cash counter and informed the complainant that the drawer was empty and the cash had been stolen. The complainant, upon reaching and conducting inquiries, found from the CCTV footage that some unknown person, who was already hiding inside the shop, committed the alleged theft. On the basis of this complaint, FIR No. 141/2025 was registered at Police Station Civil Lines, Raipur under Sections 331(4) 305 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 against an unknown person and the investigation commenced. The police has maliciously arrested the applicant however, there are no direct evidences to show involvement of the applicant and the applicant has been falsely incriminated in the present case to safeguard the actual culprits involved in the offence of theft. The police has maliciously arrested the applicant 3 however, there are no direct evidences to show involvement of the applicant and the applicant has been falsely incriminated in the present case to safeguard the actual culprits involved in the offence of theft. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. It has been argued by learned counsel for the applicant that there is no material on record to directly connect the applicant with the offence and there is no recovery has been made from the possession of the applicant except one mobile phone. He also submits that the applicant has no criminal antecedents. The applicant is in jail since 05.04.2025 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 no criminal antecedents. He further submits that no recovery has been made from the possession of the applicant except one mobile phone. 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, no recovery has been made from the possession of the applicant and the fact that the applicant has no previous criminal antecedents, he is in jail since 05.04.2025, 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. 4 7. Let the applicant – Rajesh Tandon, involved in crime No.141/2025 registered at Police Station-Civil Lines, District- Raipur (C.G.) under Sections 331(4), 305, 3(5) of BNS, 2023., 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 5 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/- sd/- (Ramesh Sinha) Chief Justice vaishali