1 2025:CGHC:43917 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6710 of 2025 Mohanish Shrivastav S/o Krishnamohan Shrivastav Aged About 30 Years R/o House No. 560/1, Ward No. 6, Thakur Pyaare Lal Chowk, Chikhli, Rajnandgaon (C.G.) ... Applicant versus The State of Chhattisgarh Through Police Station- Civil Lines, District- Raipur (C.G.) ... Non-Applicant For Applicant : Ms. Dyna Bajrang, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.08 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 141/2025, registered at Police Station – Civil Lines, District- Raipur (C.G.) for the offence punishable under Sections 305 and 331(4) of Bharatiya Nyaya Sanhita, 2023. 2. As per prosecution story, it was alleged that on the night of 31.03.2025 around 11 PM, the accused person Rajesh Tandon being an employee remained at the premises of the complainant’s PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.30 14:02:27 +0530 2 shop “Shree Shivam” Pandri, Raipur and committed theft of Rs. 29,60,774/- and fled from the crime scene. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. She further submitted that the prosecution alleges the applicant possessed of Rs. 7,50,000/- but no such amount was recovered from him. She also submitted that an amount of Rs. 1,00,000/- cash was seized during the arrest of the applicant. However, the said amount was of the mother in law of the applicant. She later submits that two co-accused persons have already been granted regular bail by this Court vide order dated 05.08.2025 and 06.08.2025 passed in MCRC Nos. 6134/2025 and 6222/2025. She also submitted that the applicant has no previous criminal antecedents, the charge-sheet has been filed in this case and the applicant is in jail since 05.04.2025 and trial is likely to take quite long time for its conclusion, therefore, she prays for grant of bail on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application of the applicant but could not dispute the fact that the co-accused persons have already been granted regular bail by this Court. She further submits that from the possession of the applicant an amount of Rs. 1,00,000/- has been seized. Hence, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, 3 nature and gravity of allegation levelled against the applicant and the fact that two co-accused persons have already been granted bail by this Court vide order dated 05.08.2025 and 06.08.2025, passed in MCRC Nos. 6134/2025 and 6222/2025, respectively, further the applicant has no previous criminal antecedents, the charge-sheet has been filed in this case and applicant is in jail since 05.04.2025, and conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be granted regular bail in this case on the ground of parity. 7. Accordingly, the bail application is allowed. Let applicant - Mohanish Shrivastav, respectively involved in Crime No. 141/2025, registered at Police Station – Civil Lines, District- Raipur (C.G.) for the offence punishable under Sections 305 and 331(4) of Bharatiya Nyaya Sanhita, 2023, 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 4 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 applicants 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti