1 2025:CGHC:37930 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6010 of 2025 Komal Sahu S/o. Ganeshu Sahu, Aged About 22 Years R/o. Village- Urla, Ward No. 30, Thana- Purani Basti, Distt.- Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Sho, Thana- Dongargaon, Distt.- Rajnandgaon (C.G.) ... Non-applicant(s) For Applicant : Mr. Samir Singh, Advocate For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.08.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 271/2024, registered at Police Station : Dongargaon, District- Rajnandgaon (C.G.) for the offence punishable under Section 331(4), 305 and 3(5) of Bhartiya Nyay Sanhita. 2. The case of the prosecution, in brief, is that on 05.11.2024, the Complainant namely Devbati Sahu has lodged an FIR before the concerned police station stating therein that intervening night of KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 04.11.2024, some unknown person has entered his home and theft gold and silver ornament with cash Rs. 1500/- and total amounting of Rs. 2.80 Lakh, thereafter, on the basis of the Memorandum of main accused, police has been arrested the applicant for the alleged commission of offence. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant was made an accused only on the basis of the memorandum of co-accused though the memorandum of co- accused can not be legally used against the applicant and the case is considered as it is the offence under Section 305 of BNS is not made out. He further submits that the investigation has been completed and the charge-sheet has been filed further the applicant has three criminal antecedents out of which in two cases, the applicant has been acquitted and only one case is pending agaisnt him and the applicant is in jail since 23.12.2024 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail. 4. On the other hand, the learned State counsel opposes the prayer for grant of bail and submits that in the present case, charge-sheet has already been filed before the competent Court. She submits that the applicant in connivance with the co-accused committed a theft of gold and silver ornament with cash Rs. 1500/- total amounting to Rs. 2.80 Lakh from the complainant’s house. She further submits that some article has also been seized i.e. gold ring and motorcycle 3 further the applicant has three criminal antecedents out of which one case is still pending. Accordingly, the present applicant is not entitled for grant of bail. 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, nature and gravity of allegation levelled against the applicant and the fact that the present applicant has 03 criminal antecedents out of which in two cases, the applicant has already been acquitted and only one case is pending against him which has been clearly explained in para No.4(A) of this bail application and further in the present case, charge-sheet has been filed before the competent Court and he is in jail since 23.12.2024 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. 7. Let applicant, Komal Sahu, involved in Crime No. 271/2024, registered at Police Station : Dongargaon, District- Rajnandgaon (C.G.) for the offence punishable under Section 331(4), 305 and 3(5) of Bhartiya Nyay Sanhita, be released on bail on 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 4 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 the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 5 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 Kunal