1 2025:CGHC:46910 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6588 of 2025 Mohd. Rashid @ Shakir S/o Mohd. Raiesh Aged About 21 Years R/o Ward No. 09, Nawrozabad P.S. Nawrozabad, Distt.- Umariya (M.P.) --- Applicant versus State Of Chhattisgarh Through- P.S.- Gaurela, Distt.- GPM (C.G.) --- Respondent MCRC No. 6671 of 2025 Mohd. Rashid @ Shakir S/o Mohd. Raiesh Aged About 21 Years R/o Ward No. 09, Nawrozabad, P.S. Nawrozabad, Distt.- Umariya (M.P.) ---Applicant Versus State Of Chhattisgarh Through P.S.- Gaurela, Dist:GPM (C.G.) --- Respondent MCRC No. 6659 of 2025 Mohd. Rashid @ Shakir S/o Mohd. Raiesh Aged About 21 Years R/o Ward No. 09, Nawrozabad, P.S. Nawrozabad, Dist.- Umariya (M.P.) ---Applicant GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.15 17:15:14 +0530 2 Versus State Of Chhattisgarh Through P.S. - Gaurela, Dist. G P M (C.G.) --- Respondent For Applicant : Shri Anchal Kumar Matre, Advocate. For Respondent/State : Shri Sakib Ahmed, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12/09/2025 1. Since the above three bail applications are arising out of same incidents registered at same police station and also the applicant is same in above three bail applications but their crime numbers are different, they are being heard and decided by this common order. 2. The applicant has preferred these First Bail Applications 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.90/2025, Crime No.89/2025 and Crime No.88/2025 respectively, registered at Police Station Gaurela, District- Gaurela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 303(2), 111, 3(5) of B.N.S. 3. In MCRC No. 6588 of 2025- The case of the prosecution, in brief, is that complainant, Aditya Keshari, appeared at the police station on 13/04/2025 and submitted a written complaint to register a report stating that on 12/04/2025, at around 10:30 am, he had gone to his field in Samatpur, Gourela, and parked his vehicle, a Hero Splendor 3 Plus with registration number CG-10 AR 8184 (black in color), at the IOW office in Gourela. When he returned after about an hour, the vehicle was not there. Despite searching the surrounding area, it could not be found. The complainant's vehicle was allegedly stolen by an unknown person. Based on the complainant's written report, the Gourela police station registered a case, Crime Number 90/2025, under Section 303(2) against an unknown accused and took up the case for investigation. 4. In MCRC No. 6671 of 2025- The case of the prosecution, in brief, is that complainant, Pravesh Kumar Gupta, appeared at the police station on 9/04/2025, and submitted a written complaint to register a report stating that his two-wheeler vehicle, registration number CG-16 CP-7977, a Honda Shine in carbon gray color of which he is the registered owner, was parked near the railway station on Pendra Road on 5/04/ 2025, at 7:30 am while he went to sell chickpeas on a train. When he returned at 10:00 am, the vehicle was not there. An unknown thief had allegedly stolen the vehicle. Despite searching the surrounding area, the vehicle could not be found. Based on the complainant's written report, the Gourela police station registered a case, Crime Number 89/2025, under Section 303(2) against an unknown accused and took up the case for investigation. 5. In MCRC No. 6659 of 2025-The case of the prosecution, in brief, is that complainant, Krishna Kumar, appeared at the police station on 8/04/2025, and submitted a written complaint to register a report stating that on 7/04/2025, at around 10:30 am, he had parked his motorcycle, HF Delux, registration number CG-10-AZ-4414, valued at 4 approximately Rs. 30,000/-, near the Railway Rest House, locked it, and went to perform his duties on the railway track. When he returned at around 11:00 am, the motorcycle was not at the place where he had parked it. An unknown person had allegedly broken the lock and stolen the motorcycle. Based on the complainant's written report, the Gourela police station registered a case, Crime Number 88/2025, under Section 303(2) against an unknown accused and took up the case for investigation. 6. During the course of investigation, in Crime No. 95/2025 of Police Station Gaurela under Section 303(2) B.N.S., the accused Suraj Choudhary, in his memorandum statement, disclosed that he along with applicant Mohd. Shakir, had committed theft of the following motorcycles i.e. Motorcycle Honda Shine bearing registration No. CG- 10 AP 4709, Motorcycle CG 8184, Motorcycle HF Deluxe bearing registration No. CG-10 AT 8433, Motorcycle Hero Honda CD Deluxe bearing registration No. CG-10 EL 3412, Motorcycle Shine bearing registration No. CG-16 CP 7977, Motorcycle HF Deluxe bearing registration No. CG-10 AZ 4414, Motorcycle Honda Shine bearing registration No. CG-10 AG 1751. It has been stated that these thefts were committed together with applicant Mohd. Rashid alias Shakir. 7. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in these cases and the applicant has been made accused on the basis of memorandum statement of co-accused person and there is no actual recovery taken place from present applicant. He would further submit that the present applicant is only an innocent mechanic who owns a motorcycle 5 garage. He would submit that total six cases are registered against the applicant for similar nature of offence in the same police station including the present three cases and in three cases applicant has been granted bail by this Court on 06/08/2025 vide MCRC No.5882/2025, MCRC No.5850/2025 & MCRC No.5951/2025. He would submit that applicant is in jail since 22/05/2025 and as the conclusion of the trial is likely to take considerable time, therefore he prays for grant of bail. 8. On the other hand, learned State counsel do not dispute the fact that in three cases of similar nature registered at same police station, applicant has been granted bail by this Court on 06/08/2025 vide MCRC No.5882/2025, MCRC No.5850/2025 & MCRC No.5951/2025. 9. I have heard learned counsel for the parties and perused the case- diary. 10. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, considering the fact that in three cases of similar nature registered at same police station, applicant has been granted bail by this Court on 06/08/2025 vide MCRC No.5882/2025, MCRC No.5850/2025 & MCRC No.5951/2025, period of detention of the applicant since 22/05/2025, charge-sheet has been filed and the trial is likely to take some time for its conclusion, therefore, I am inclined to grant bail to the applicant in these cases. 11. Accordingly, all the three bail applications of the applicant i.e. MCRC No. 6588 of 2025, MCRC No. 6671 of 2025 & MCRC No. 6659 of 2025 are allowed and it is directed that the applicant, Mohd. Rashid @ Shakir, involved in Crime No.90/2025, Crime No.89/2025 and 6 Crime No.88/2025 respectively, registered at Police Station Gaurela, District- Gaurela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 303(2), 111, 3(5) of B.N.S, be released on bail on furnishing personal bond with two sureties in each case 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 7 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. 12. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice gouri