1 2025:CGHC:45378 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6077 of 2025 Vinay Maurya S/o Barsatu Lal Maurya Aged About 43 Years R/o Ward No. 40, Amraiyaa Chowk Chingrajpara, P.S.- Sarkanda, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station- Sarkanda, District- Bilaspur, Chhattisgarh ... Non-applicant For Applicant : Ms. Neelam Khan, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.09.2025 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. 916/2025 registered at Police Station – Sarkanda, District Bilaspur (C.G.) for the offence punishable under Sections 303(2), 317(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the case of the prosecution, on 30.06.2025, the complainant Jameel Khan, a resident of Devnagar, Birkona, near Bilasa Lake, submitted a written complaint before Police Station Sarkanda stating that on the same day, at around 8:30 PM, he had parked his sky-blue e- rickshaw bearing registration No. CG-10/BR/2974 near Sanichari Bazaar ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.06 11:39:37 +0530 2 Rapta Bridge Liquor Distillery, and upon returning, he discovered that his vehicle had been stolen. Acting on the said complaint, the police registered FIR No. 916/2025. During the course of investigation, the police received information from an informant that a person was roaming in the area with the intention of selling a stolen e-rickshaw bearing registration No. CG-10/BR/2974 along with the batteries used in the said vehicle. Acting upon this information, the police conducted a raid at the specified location, where a person matching the description given by the informant was apprehended. Upon interrogation, he disclosed his identity as Ramesh Dewangan. In his memorandum statement, accused Ramesh Dewangan confessed that he, along with co-accused Kush Dewangan and Vinay Maurya (the present applicant), had stolen e-rickshaws and their batteries from various places. He further disclosed that some of the stolen batteries were loaded into Kush Dewangan’s Eco vehicle by Jayprakash Thakre and sold. Based on the memorandum statement of accused Ramesh Dewangan, the police recovered and seized one e- rickshaw bearing registration No. CG-10/BR/2974, one mobile phone, and 16 batteries. The total estimated value of the seized property is approximately Rs. 1,42,000/- (Rupees One Lakh Forty-Two Thousand only). 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. She submits that only on the basis of the memorandum statement of the co-accused the applicant has been implicated in the case. She also submits that the applicant has 05 criminal antecedents under the IPC which are old and stale cases. She further submits that the applicant is in jail since 03.07.2025, 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 and submit that the charge-sheet has been filed in the present case before the competent Court. 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 that the present applicant has 05 criminal antecedents which are old and stale cases. Moreover, the fact that in the present bail application the charge-sheet has been filed before the competent Court and the present applicant has been in jail since, 03.07.2024 and 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 – Vinay Maurya, involved in Crime No. 916/2025 registered at Police Station – Sarkanda, District Bilaspur (C.G.) for the offence punishable under Sections 303(2), 317(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his 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 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, 4 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek