1 2025:CGHC:50482 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7005 of 2025 1 - Ajay Saura S/o Tengana Saura Aged About 19 Years R/o Saura Para Hathband, Police Station Hathband, District - Balodabazar- Bhatapara (C.G.) 2 - Kartik Saura S/o Sarvan Aged About 19 Years R/o Saura Para Hathband, Police Station Hathband, District - Balodabazar- Bhatapara (C.G.) 3 - Sunil Saura S/o Malik Ram Aged About 23 Years R/o Saura Para Hathband, Police Station Hathband, District - Balodabazar- Bhatapara (C.G.) ... Applicant Versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Simga, District - Balodabazar- Bhatapara (C.G.) ... Non-Applicant For Applicant : Mr. Ramsajivan, Advocate For Non-Applicant : Ms. Monika Thakur, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 09.10.2025 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 applicants as they have been arrested in connection with Crime No. 404/2025 registered at Police Station - Simga, District – Balodabazar - Bhatapara(C.G.), for the offence punishable under Sections 305 (A) & 311 (4) r/w. Section 3 (5) of the Bhartiya Nyaya SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 Sanhita, 2023. 2. The prosecution's case is that, the complainant namely, Durgesh Kumar, filed a written report at the Simga Police Station, alleging that in intervening night of 22/23-07-2025, some unknown persons have committed theft in the Variate Solar Park and have stolen articles i.e. 04 core Aluminum Cable Wire, 05 solar panels and 03 units of Iron angle. Based on the complainant's report, an offense under 305 (A) & 311 (4) r/w. Section 3 (5) of the Bhartiya Nyaya Sanhita, 2023 was registered, and during the investigation, the applicant and other co-accused were arrested and the stolen articles were seized from the possession of applicant and other co- accused persons. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and have been falsely been implicated in the aforesaid case. He submits that the applicants have no criminal antecedents. Furthermore, they have been made accused on the basis of the memorandum statement recorded of the co-accused person. He submits that the applicants are in jail since 28.07.2025, conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand, the learned State counsel opposes the bail application of the present applicants and submits that the charge- sheet has already been submitted before the competent Court in the present case. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further the fact that the charge-sheet has already been submitted before the competent Court in the present case and the applicants are in jail since 28.07.2025, conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants – Ajay Saura, Kartik Saura and Sunil Saura, involved in Crime No. 404/2025 registered at Police Station - Simga, District – Balodabazar- Bhatapara (C.G.), for the offence punishable under 305 (A) & 311 (4) r/w. Section 3 (5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on each of them furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against his, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita, 2023. (iv) The applicants 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 applicants are 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 Dey