1 2025:CGHC:3114 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 487 of 2025 Dinu Vaishnav S/o Narhari Vaishanav Aged About 22 Years R/o Village Limgaon, P.S. Kedar, District- Sarangarh- Bialigarh Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station Baramkela, District- Sarangarh- Bialigarh Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Mr. C.P. Lahrey, Advocate. For Non-Applicant(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/01/2025 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. 160/2024 registered at Police Station Baramkela, District- Sarangarh- Bialigarh (C.G.) for the offence punishable under Section 331(4), 305(a), 3(5) of Bharatiya Nyaya AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the complainant had lodged complaint to the concerned police station alleging that on the date of incident, the unknown person have entered into the house by breaking lock and committed theft of golden, silver and cash amount of Rs.35,000/- total valuation at Rs.1,50,000/- from his house and on the basis of complaint made by the complainant, aforesaid offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant has never committed any such act as alleged by the prosecution, even no seizure has been made from the possession of the applicant, further one of the co-accused, namely, Sarvan Bhatt has already been granted bail by this Court vide order dated 07.01.2025 in MCRC No.8805 of 2024 and the case of the present applicant is similar to that of the co-accused. The applicant is in jail since 13.10.2024, the applicant has one criminal antecedent of the year 2024 under the BNS, which is pending, further charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant alongwith other co-accused persons have entered into the house of complainant, committed theft of gold, 3 silver jewelry worth Rs.35,000/- and cash of Rs.1,50,000/- from the house of complainant, further the applicant is also having one criminal antecedent of the year 2024 under the BNS, therefore, the applicant 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, nature and gravity of offence, period of detention of the applicant since 13.10.2024, the fact that though the applicant alongwith other co-accused persons have entered into the house of complainant, committed theft of gold, silver jewelry worth Rs.35,000/- and cash of Rs.1,50,000/- from the house of complainant, but one of the co- accused persons, namely, Sarvan Bhatt has already been granted bail by this Court vide order dated 07.01.2025 in MCRC No.8805 of 2024 and the case of the present applicant is similar to that of the co-accused, so far as the criminal antecedent of the applicant is concerned, he has only one criminal antecedent, which is of the year 2024 under the BNS, charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant-Dinu Vaishnav, involved in Crime No. 160/2024 registered at Police Station Baramkela, District- Sarangarh- Bialigarh (C.G.) for the offence punishable under Section 331(4), 305(a), 3(5) of BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the 4 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 sufÏcient 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil