1 2025:CGHC:4023 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 604 of 2025 Jyoti Soni W/o Sameer Soni Aged About 25 Years R/o- Subhash Nagar, Near Vidya Ashram, Police Station- Telibandha, Raipur, District- Raipur(C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station- Mana Camp, District- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Shivendu Pandya, Advocate. For Non-Applicant : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.01.2025 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. 414/2024 registered at Police Station- Mana Camp, District- Raipur (C.G.) for the offence punishable under Sections 331(4), 305 and 3(5) of Bharatiya Nyaya Sanhita, 2023. (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the police arrested the present applicant along with co-accused on the basis of suspicion for theft. It is alleged that on the night of 24/09/2024 to 25/09/2024, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.23 16:48:57 +0530 2 at around 10:00 PM, the applicant and co-accused committed theft at the house of the complainant, Rajendra Vishwakarma. The stolen items reportedly included ornaments, cash, and other articles valued at approximately Rs. 2,00,000/-. An offence was registered under Sections 331(4), 305, and 3(5) of B.N.S. at Crime No. 414/2024 against the applicant and co-accused for the said theft. The police arrested the applicant solely on the basis of suspicion regarding the theft of the aforementioned items. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and she has been falsely implicated in offence in question. He further submits that though the ornaments, cash, and other articles valued at approximately Rs. 2,00,000/- were stolen, but the theft was committed by her husband, namely, Sameer Soni, the present applicant did not posses any stolen property, which was alleged and seized by the police. He also submits that the police has registered the offence against the unknown person and arrested the applicant only on the basis of suspicion. He further submits that the applicant is in jail since 29.09.2024, the applicant has no criminal antecedent, 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 and co-accused committed theft at the house of the complainant, Rajendra Vishwakarma. The stolen items 3 reportedly included ornaments, cash, and other articles valued at approximately Rs. 2,00,000/-, 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 29.09.2024, the fact that though the applicant and co- accused committed theft at the house of the complainant, Rajendra Vishwakarma, the stolen items reportedly included ornaments, cash, and other articles valued at approximately Rs. 2,00,000/-, but the theft was committed by her husband, namely, Sameer Soni, further the case of present applicant is distinguishable from that of the co-accused Sameer Soni, who committed the said theft, the applicant has no criminal antecedent and 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. Let the Applicant – Jyoti Soni, involved in Crime No. 414/2024 registered at Police Station- Mana Camp, District- Raipur (C.G.) for the offence punishable under Sections 331(4), 305 and 3(5) of Bharatiya Nyaya Sanhita, 2023., be released on bail on 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 she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in 4 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 her counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 her in accordance with law. 8. OfÏce 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