1 2025:CGHC:48585 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6406 of 2025 Rajesh Sony S/o Late Madan Sony Aged About 43 Years Camp 01, Road No.18 Bhilai (Power House), District : Durg, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Balod, District : Balod, Chhattisgarh ... Non-applicant For Applicant : Mr. Awadh Tripathi, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.09.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.180/2025, registered at Police Station - Baloda District - Baloda (C.G.) for the offence punishable under Sections 331(4), 305, 112, 238, 317(4), 317(2) & 3(5) of the BNS. 2. The prosecution story in brief is that the complainant lodged a report on dated 26.04.2025 some unknown person has theft at his house VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.23 10:23:48 +0530 2 and the FIR has been lodged for the alleged incident and during the course of the investigation 2 accused namely arif khan and anwar khan were arrested. That on the basis of their memorandum, stolen articles has been seized and further they stated that they have sold some of the ornament through one sarfuddin @ guddu, for a sum of rupees 3,40,000/- and from the memorandum of the said sarfuddin @ guddu he has sold the aforesaid ornaments to one rajesh sony and on the basis of the memorandum of the rajesh sony some of the ornament are alleged to be seized and thereafter the prosecution agency has directed the applicant to appear before the court of the CJM balod on dated 02.08.2025 and accordingly, on dated 02.08.2025 the charge-sheet has been filed and the present applicant was arrested in the aforesaid commission of the alleged offence. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the case. The prosecution agency, under pressure, compelled the applicant to deposit ornaments, and in compliance, the applicant collected some ornaments from his neighbors and family members, including the mangalsutra of his wife. A comparison of the seizure memo with the FIR clearly reveals discrepancies in the description of the articles, which indicates that the allegations against the applicant are not genuine. The allegation of theft is not directly against the applicant. The applicant and his family members used to take treatment from one Kalim, though he is not a qualified medical practitioner, and Sarfuddin @ Guddu, who is a friend of Kalim, was introduced to them only because Kalim resides in the same locality. Even if the entire prosecution case is taken at face 3 value, at most, an offence under Section 314(4) of the BNS may be attracted, and the other allegations are not made out against the applicant. The applicant has no previous criminal antecedents, there is no material to show his involvement in organized crime, and as the charge-sheet has already been filed, no further recovery is possible. Thus, there is no prima facie material to implicate the applicant in the alleged commission of organized crime, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicant. 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, nature and gravity of offence levelled against the applicant and the fact that the applicant has no previous antecedents and also considering the fact that the charge-sheet has been filed and he has been in jail since 02.08.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Rajesh Sony, involved in Crime No.180/2025, registered at Police Station - Baloda District - Baloda (C.G.) for the offence punishable under Sections 331(4), 305, 112, 238, 317(4), 317(2) & 3(5) of the BNS, be released on bail on furnishing personal bond with two local 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 4 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 her 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 him 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav