1 2025:CGHC:41588 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6498 of 2025 Subhash Dewangan S/o Umendra Dewangan Aged About 34 Years R/o Surya Chouk Chingrajpara P.S. Sarkanda District Bilaspur C.G ... Applicant versus State Of Chhattisgarh Through Station House Office, Police Station - Sarkanda District Bilaspur C.G ... Respondent For Applicant : Shri Vikas Upadhyay, Advocate. For Respondent/State : Shri Atanu Ghosh, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/08/2025 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.802/2025 registered at Police Station Sarkanda District Bilaspur (C.G.) for the offence punishable under Sections 331(4), 317(2), GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.19 17:26:57 +0530 2 305(a), 3(5) of B.N.S. 2. As per the prosecution case the present FIR bearing Crime No. 802/2025 was registered on 05.06.2025 under Sections 331(4), 305(a), 317(2), and 3(5) of the Bharatiya Nyaya Sanhita at the concerned police station. The charge sheet was filed on 14.07.2025. The prosecution alleges that the complainant, Dilip Kumar Shrivastava, reported a break-in at his office, where the locks of the main door, four drawers, and a store room were found broken. Upon inspection, it was discovered that around 35 kg of copper wire, copper strips, 126 pieces of brass studs, two welding machine cables of 33 kV, and 112 female parts of a 33 KV AB switch were stolen by unknown persons. On the basis of a tip-off, the police arrested one Ishwar alias Golu Suryavanshi, who during interrogation and in his memorandum statement, named co-accused Tantu alias Ajit Suryavanshi and Shekhar Dhruw. They revealed that the stolen items were sold to various persons. Notably, 20 kg of copper welding wire was sold in a bore to a local scrap dealer, Subhash Dewangan, for Rs.6,000, while its actual market value was Rs.8,000. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He would submit that the applicant has been arrested solely on the basis of memorandum statement of co-accused person. He would submit that the applicant had no knowledge that the copper wire brought to him was stolen property. He would submit that the charge sheet has been filed in this case and the applicant is in jail since 14/06/2025 and conclusion of trial 3 will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the prayer for grant of bail and he would submit that charge sheet has been filed in this case. He would further submit that the applicant has 7 criminal antecedents which has been explained in para 4A of the bail application. 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 in this case, period of detention of the applicant since 14/06/2025 and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Subhash Dewangan, involved in Crime No.802/2025 registered at Police Station Sarkanda District Bilaspur (C.G.) for the offence punishable under Sections 331(4), 317(2), 305(a), 3(5) of B.N.S., 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 4 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 and proceed against him 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