1 2025:CGHC:45379 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6385 of 2025 Kush Dewangan Son of Late Ganesh Dewangan Aged About 27 Years Resident of Juna Bilaspur Katiyapara Near Durga Chowk, Police Station City Kotwali, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer Police Station Sarkanda, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Krishna Kumar Dewangan, 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. 768/2025 registered at Police Station Sarkanda, District - Bilaspur (C.G.), for the offences punishable under Sections 303(2), 317(2), 3(5) of the Bhartiya Nyay Sanhita (BNS). 2. As per the prosecution story in brief, on 29.05.2025, the complainant Chhannu Kumar lodged a report at Police Station Sarkanda regarding the theft of an e-rickshaw bearing registration No. CG-10-BX-9465, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.06 11:39:37 +0530 2 Chassis No. ME9BS11MABL101156, which was parked near R.K. Petrol Pump, Sarkanda. On the basis of the said report, an offence under Section 303(2) of the B.N.S. was registered against an unknown person. During the course of investigation, the accused Ajay Chauhan @ Machchhar was arrested on 30.05.2025, and on the basis of his memorandum statement, the other co-accused persons, including the present applicant, were also arrested. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the aforesaid case. He submits that the present applicant has been arrested solely on the basis of the memorandum of the other co-accused. He also submits that the present applicant has only one criminal antecedent, apart from the present case, which is also listed for hearing before this Court today. He submits that present applicant has been in jail since 03.07.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge -sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and the fact that only on the basis of memorandum of the other co-accused the present applicant has been arrested, moreover, the present applicant has only one criminal antecedent, apart from the present case, which is also listed for hearing before this Court today. Furthermore, the charge- sheet has already been submitted before the competent Court in the present case and the applicant has been languishing in jail since 3 03.07.2025, conclusion of the trial may take some more time. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Kush Dewangan, involved in Crime No. 768/2025 registered at Police Station Sarkanda, District - Bilaspur (C.G.), for the offences punishable under Sections 303(2), 317(2), 3(5) of the Bhartiya Nyay Sanhita (BNS), be released on bail on 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, the trial court may proceed against his 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 4 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