1 2025:CGHC:46387 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7217 of 2025 Pawan Chandrakar, S/o Punitram Chandrakar, Aged About 19 Years R/o 131-9, Dewangan Atta Chakki Gali, Rameshwar Nagar, Bhanpuri, P.S. - Khamtarai, Tehsil - District - (Revenue And Civil) - Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Khamtarai, District - Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Yogesh Pandey, Advocate For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.09.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 100/2025, registered at Police Station – Khamtarai, District - Raipur (C.G.) for the offence punishable under Sections 303(2), 317(4), 112 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that the complainant, Mobin Khan, a resident of Dhanlakshmi Nagar, runs a shop under the name and style of New Muskan Mobile. On 05.02.2025, his friend, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Chandrahas Kumar Nayak, gave him his bike, a TVS Raider bearing registration No. CG-04-NT-4342, which was parked at the complainant’s house. On the very next day, i.e., 06.02.2025, the said bike was stolen by some unknown person. During the course of investigation, it was revealed that the present applicant and other co-accused persons had been arrested in connection with another crime, during which the applicant gave a memorandum statement admitting their involvement in thefts of vehicles. He further disclosed that he had kept two motorcycles bearing registration No. CG-04- MU-6260 and one black Pulsar 125, which were subsequently seized from his possession. After completion of the investigation, the police submitted the charge sheet against the applicant and other accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant has no direct or indirect involvement in the alleged offence. He submits that in Crime No. 100/2025, the report was lodged regarding the theft of a TVS Raider bike, whereas no such bike was ever recovered or seized from the possession of the present applicant. It is further submitted that two other motor bikes were seized from the possession of the applicant and therefore two separate criminal cases were registered against the applicant, first case crime No. 339/2025 in which the applicant has already been granted bail by this Court vide order dated 02.07.2025 passed in MCRC No. 4984/2025 and the present case is second one. The applicant is in jail since 12.06.2025, and the 3 conclusion of the trial is likely to take a considerable amount of time. Therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case. He also submits that the present case involves a serious offence of vehicle theft, and the material collected during the investigation clearly establishes the involvement of the applicant. It is submitted that during the course of investigation, the applicant was arrested in connection with another crime, and in his memorandum statement, he confessed to having committed multiple vehicle thefts along with other co-accused persons. Pursuant to his disclosure, two motorcycles bearing registration No. CG-04-MU-6260 and one black Pulsar 125 were recovered and seized, which directly connects him to the offence. The stolen bike belonging to the complainant was also taken in a similar manner as part of the same chain of criminal activities. It is further submitted that the offence is well-planned and organized, involving multiple accused operating together, and releasing the applicant on bail at this stage may lead to tampering with evidence, influencing witnesses, or even repetition of similar offences. Therefore, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties and considering the fact that the two other motor bikes were 4 seized from the possession of the applicant and therefore two separate criminal cases were registered against the applicant, first case crime No. 339/2025 in which the applicant has already been granted bail by this Court vide order dated 02.07.2025 passed in MCRC No. 4984/2025 and the present case is second one, further the charge-sheet has been filed and the applicant is in jail since 12.06.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant - Pawan Chandrakar, involved in Crime No. 100/2025, registered at Police Station – Khamtarai, District - Raipur (C.G.) for the offence punishable under Sections 303(2), 317(4), 112 and 3(5) of the 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 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan