1 2025:CGHC:47781 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6669 of 2025 • Abdul Taslim @ Golu Khan S/o Abdul Farid Khan Aged About 25 Years R/o Village Pent, P.S. Sitapur District- Ambikapur (C.G.) (Wrongly Mentioned As District Raigarh In Impugned Order) ... Applicant versus • State of Chhattisgarh Through The Station House Officer P.S. Dharamjaigarh District- Raigarh (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Shivendra Bhardwaj, Advocate For Respondent/State : Ms. Soumya Sharma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/09/2025 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.187/2025 registered at Police Station – Dharamjaigarh District-Raigarh (C.G.) for the offence punishable under Sections 303(2) of BNS Act, 2023. 2. Case of the prosecution, in brief, is that on 07.07.2025, complainant Omprakash Rawani has lodge FIR at police station Dharamjaigarh District-Raigarh stating that on 05.07.2025 he parked his motorcycle VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.18 18:23:21 +0530 2 bearing No.CG13UC8992 engine No.HA10ELEHB26921 chasing No.MBLHA 10A3EHB11074 outside of his house at nearby 12 O’clock at night his son return to home till that time is motorcycle was standing outside in home but at 5 O’clock in the morning he woke up and went outside of his road and saw his motorcycle was not there then he filed complaint before Police Station Dharmajaigarh for some unknown person has theft his motorcycle. Thereafter, FIR has been registered. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. He further submits that the allegation levelled against the applicant is false and fabricated. He also submits that applicant has three previous criminal antecedent in crime No.208 of 2020 for the offence under Sections 457, 380 and 34 of IPC, in crime No.36 of 2024 for the offence under Section 294, 506, 323 and in crime No.305 of 2024 for the offence under Sections 74 of IPC and Sections 3(1)(n), 3(2), 5(d) ST/SC (Atrocities Prevention) Act. The applicant is in jail since 18.07.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has three previous criminal antecedent and same has been explained by learned counsel for the applicant in the bail application at paragraph 4(A), but looking to the conduct of the applicant, he is not entitle to grant regular bail in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and applicant has three previous criminal antecedent and same has been explained in the bail application at paragraph 4(A), further he is in jail since 18.07.2025 and the charge-sheet has been filed, looking to the fact that conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Abdul Taslim, involved in Crime No.187/2025 registered at Police Station – Dharamjaigarh District-Raigarh (C.G.) for the offence punishable under Sections 303(2) of BNS Act, 2023 be released on bail on their 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 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 4 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali