1 2025:CGHC:38855 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6134 of 2025 Parmeshwar Baghel S/o Chinta Ram Baghel Aged About 33 Years R/o Ward No.6, Bhillauni, District - Raipur ... Applicant versus The State Of Chhattisgarh Through Police Station - Civil Lines, District - Raipur Chhattisgarh ... Non-applicant For Applicant : Ms. Dyna Bajrang, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.08.2025 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. 141/2025 registered at Police Station – Civil Lines District - Raipur (C.G.) under Sections 305 & 331(4), of the Bhartiya Nyay Sanhita, 2023. 2. As per prosecution story, it was alleged that on the night of 31.03.2025 around 11 p.m., the accused person Rajesh Tandon being an VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.06 10:43:58 +0530 2 employee remained at the premises of the complainant's shop "Shree Shivam", Pandri, Raipur and committed theft of 29,60,774/- (in words rupees 29 lakhs sixty thousand seven hundred and seventy four rupees) and fled the crime scene. Subsequently, on 01.04.2025 at around 9:30 AM, employee Anil Gautam accompanied by sanitation staff discovered the terrace door's bolt broken and lock detached. Anil Gautam inspected the Main Counter, telephonically informed the Complainant of the empty drawer and theft of cash, and upon the Complainant's arrival, it was verified that 29,60,774/- (in words ₹ rupees 29 lakhs sixty thousand seven hundred and seventy four rupees) was missing from the Main Counter (though 10,26,440/- (in ₹ words ten lakhs twenty six thousand four hundred and forty rupees) remained in the Second Counter), Review of CCTV footage revealed an unidentified thief hence FIR has been registered against the present applicant and other co-accused persons. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. She submits that the applicant has neither committed nor participated in any such act, which may amount to any of the offencs mentioned above, and the evidence collected by the prosecution is also not prima facie sufficient to hold the applicant guilty of the aforesaid offences. She further submits that the applicants involvement is based solely on suspicion without credible evidence and no recovery has been made from the possession of the applicant and he is in jail since 05.04.2025, conclusion of the trial may take some time, therefore, she prays for grant of regular bail to the present applicant. 3 4. On the other hand, learned State counsel opposes the bail application of the applicant. 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 the fact that the applicant has no previous antecedents and also considering the fact that the charge-sheet has been filed and applicant is in jail since 05.04.2025, conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Parmeshwar Baghel, involved in Crime No. 141/2025 registered at Police Station – Civil Lines District - Raipur (C.G.) under Sections 305 & 331(4), of the Bhartiya Nyay Sanhita, 2023., be released on bail on his furnishing personal bond with two local 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 4 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav