1 2025:CGHC:3452 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 514 of 2025 Jagvir Devar S/o Resu Devar Aged About 18 Years Resident of Village Ward No. 17, Joginipali, Post Saraipali, P.S. And Tahsil Saraipali, District Mahasamund Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Baramkela, District Sarangarh-Bilaigarh (Chhattisgarh) ... Non-applicant For Applicant : Mr. Chandra Prakash Lahrey, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.01.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 165/2024 registered at Police Station – Baramkela, District Sarangarh-Bilaigarh (C.G.) offence under Sections 331(4), 305(A), 317(2), 3(5) of the Bhartiya Nyay Sanhita, 2023. 2. The prosecution's case, in brief, is that the complainant lodged a report at the concerned police station, alleging that on the date of ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.21 16:14:44 +0530 2 the incident, unknown persons broke into his house by breaking the lock and stole domestic articles valued at Rs. 50,000/-. Based on the complainant's report, the police registered a case under various sections of the Indian Penal Code against unknown persons. Following an investigation, the police arrested the present applicant based on a memorandum statement. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that the applicant was arrested solely on suspicion and based on a memorandum statement recorded by the police. He also submits that the present applicant has 01 criminal antecedent under the IPC which is still pending. He also submits that the applicant is in jail since 13.10.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 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 that the present applicant has 01 criminal antecedents under the IPC which is still pending. Moreover, the fact that in the present bail application the charge-sheet has been filed before the competent Court and the present applicant has been in jail since 13.10.2024 and conclusion of the trial may take some more time, therefore, this 3 Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Jagvir Devar, involved in Crime No. 165/2024 registered at Police Station – Baramkela, District Sarangarh- Bilaigarh (C.G.) offence under Sections 331(4), 305(A), 317(2), 3(5) of the Bhartiya Nyay Sanhita, 2023, 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 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 4 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek