1 2025:CGHC:39493 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6223 of 2025 Gopal Rana S/o Birbal Rana Aged About 38 Years R/o H. No. 5 Gandhi Nagar, Murra Bhatthi, Behind Dewangan Mandir, Tehsil And District- Raipur Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station - G.R.P. District- Raipur ( C.G. ). ... Respondent(s) For Applicant(s) : Mr. Vaibhav P.Shukla, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/08/2025 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. 25/2025 registered at Police Station G.R.P. District- Raipur (C.G.) for the offence punishable under Sections 305(C), 317(2) and 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2 2. Case of the prosecution, in brief, is that a report lodged by Kundan Kumar Singh at G.R.P. Manmad. According to the said report, on December 20, 2024, while traveling in Train No. 22894 (Howrah to Sai Nagar Shirdi Express), his Realme mobile phone worth Rs. 15,000/- was stolen at Raipur Railway Station when he was sleeping. The police registered the offense and transferred the case to G.R.P. Raipur, which had jurisdiction over the case. During the investigation, the police took custody of one Tarun Sinha, who stated that he purchased the stolen mobile from the applicant for Rs. 1,500/-. Based on Tarun Sinha's memorandum statement, the police arrested the applicant, and after completing the investigation, charge-sheet has been filed on July 7, 2025. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the crime in question. He further submits that the stolen mobile phone was not seized from the possession of the applicant as the same was made from Tarun Sinha. There is no evidence to suggest that the applicant used the mobile phone, which would imply that he might have stolen it. Additionally, the SIM card used in the mobile phone does not belong to the applicant. The owner of the SIM card, Parmeshwar Netam, stated that he purchased the SIM card and lent it to Tarun Sinha for a few days at Gudhiyari, Raipur. The applicant is in jail since 12.06.2025, the applicant has no criminal antecedent, charge- sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant is alleged to have stolen the mobile phone of the complainant and sold it to one Tarun Sinha and there is seizure of one mobile phone from the possession of the applicant, further the applicant has four criminal antecedents of the years 2007, 2008, 2019 and 2025 under the IPC and BNS, as such, he is a habitual offender and his bail application is liable to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the case diary, it prima facie appears that the applicant is alleged to have stolen the mobile phone of the complainant and sold it to one Tarun Sinha, there is seizure of one mobile phone from the possession of the applicant and the applicant has four criminal antecedents of the years 2007, 2008, 2019 and 2025 under the IPC and BNS, but considering the fact that out of the said four criminal antecedents, two cases are old and stale and two cases are of the years 2019 and 2025 under the IPC and BNS, further the applicant is languishing in jail since 12.06.2025 and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Gopal Rana, involved in Crime No. 25/2025 4 registered at Police Station G.R.P. District- Raipur (C.G.) for the offence punishable under Sections 305(C), 317(2) and 3(5) of Bharatiya Nyaya Sanhita (BNS), 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 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 5 and proceed against him in accordance with law. 9. 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 Akhil