1 2025:CGHC:38408 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6095 of 2025 1 - Jafar Ali S/o Late Bilal Ali Aged About 20 Years R/o Kastur Nagar, Pratham Civil Raigarha, District Raigarha Orissa 2 - Sabbir Ali S/o Late Khana Ali Aged About 32 Years R/o Pratham Civil Raigarha, District Raigarha Orissa ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Basna (Chowki Bhawanpur), District Mahasamund, C.G. ... Respondent(s) For Applicants : Shri Sudhir Kumar Sahu, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/08/2025 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 applicants who have been arrested in connection with Crime No.157/2025 registered at Police Station Basna, (Chowki Bhawanpur) GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.05 17:38:24 +0530 2 District Mahasamund (C.G.) for the offence punishable under Sections 305, 332(c), 3(5) (wrongly mentioned as 3(2) in Annexure A-1) of B.N.S. 2. Case of the prosecution, in brief, is that the complainant has lodged report to the concerned police station that on the date of incident, the unknowns persons entered in shop and committed theft of gold total weight 9 gram and valuation of Rs. 93,510/- and on the basis of complaint made by the complainant, the police has registered the case under section 305, 332(c), 3(5) of B.N.S. against the unknown person and during investigation, the police has arrested the present applicants on the memorandum of the statement. 3. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the present case. He would submit that the police has not seized any said article from the applicants and they have not committed theft of the seized article and only on the basis of memorandum statement, the applicants have been arrested by police. He would further submit that charge sheet has been filed, applicants have no criminal antecedents and they are in jail since 20/04/2025 and 26/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application. She would submit that charge sheet has been filed in this case. 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 offence, charge sheet has been filed, period of 3 detention of the applicants since 20/04/2025 and 26/06/2025 respectively and trial is likely to take some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant No.1-Jafar Ali and Applicant No.2 Sabbir Ali, involved in Crime No.157/2025 registered at Police Station Basna, (Chowki Bhawanpur) District Mahasamund (C.G.) for the offence punishable under Sections 305, 332(c), 3(5) (wrongly mentioned as 3(2) in Annexure A-1) of B.N.S., be released on bail on each of them furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the 4 trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri