1 2025:CGHC:47778 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6704 of 2025 • Anish Khan S/o Sahid Khan Aged About 22 Years R/o House No. 238, Ward N. 4, Badi Bazar, Ratanpur, District Bilaspur (C.G.) ... Applicant versus • State Of Chhattisgarh Through Police Station, Sarkanda, District Bilaspur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Waquar Naiyer, Advocate For Respondent/State : Mr. Soumya Rai, 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.805/2025 registered at Police Station Sarkanda, District - Bilaspur (C.G.) under Sections 331(4), 305(A), 317(2) read with Section 3(5) of BNS. 2. That case of the prosecution, in brief, is that 14.01.2025 around 1 PM the complainant with her family went to her village Barari and there they have cultivated their land of the summers and VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.18 18:23:22 +0530 2 thereafter on 05.06.2025 came back to their house and the complainant main lock of the door is broken and when went inside the house found that the lock of Almira is also broken and found that 1) one piece of Gold Necklace around 15 grams, 2) one piece of manchali Necklace 3) one pair of gold ear rings (8 grams), 4) one piece of Gold nose pin, 5) one pair of gold child's ear rings, 6) one pair of silver anklet, 7) two pair of old silver anklet 8) one piece of waist anklet (8 Tola), 9) one piece of bajuband, 10) two piece of silver challa, 11) one of pair of child's silver anklet. 12) one of child silver kardhan, 13) two piece of bichiya 14) one piece of silver ring 15) one piece of child silver ear rings. The above-mentioned ornaments between the intervening nights from 14.01.2025 to 05.06.2025 has been stolen by the thieves. Therefore, the FIR has been registered Under Section 331(4), 305(A), 317(2) read with section 3(5) of Bhartiya Nyaya Sanhita, 2023 has been registered against the present applicant. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case and the applicant has never committed stolen of any article of the complainant’s house. He also submits that the prosecution has not collected the sufficient material from the possession of the applicant regarding theft article. He further submits that only on the basis of merely suspicious and memorandum statement he has been alleged by the prosecution against him. The applicant has one criminal antecedent in crime No.637 of 2024 3 under Sections 296, 351(2),115(2) read with Section 3(5) of BNS is at prosecution evidence stage and in the present case applicant is in jail since 19.06.2025 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. On the other hand, learned counsel appearing for the State/non-applicant would oppose the bail application and submit that applicant has one previous criminal antecedent in crime No.637 of 2024 under Sections 296, 351(2),115(2) read with Section 3(5) of BNS is at prosecution evidence stage. He also submits that the recovery of ornaments worth of Rs.80,000/- which has been made from the applicant, therefore, looking to the conduct of the applicant, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and also considering the fact that applicant has one criminal antecedent, trial is likely to take some time for its conclusion, he is in jail since 19.06.2025, looking to the detention period of the present applicant, this Court is of the view that the applicant is entitled to be released on bail in this case 7. Let the Applicant – Anish Khan, involved in Crime 805/2025 registered at Police Station Sarkanda, District - Bilaspur (C.G.) under Sections 331(4), 305(A), 317(2) read with Section 3(5) of 4 BNS, be released on bail on his 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 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 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 vaishali