1 2025:CGHC:49435 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7345 of 2025 Shiv Shankar Anchal S/o Purshottam Anant Aged About 24 Years R/o Jhajhpuri PS Lormi District- Mungeli (C.G.) ... Applicant versus State of Chhattisgarh Through- PS Lormi District- Mungeli (C.G.) ... Non-applicant For Applicant : Mr. Dheerendra Pandey, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.09.2025 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. 443/2025 registered at Police Station – Lormi, District Mungeli (C.G.) offence under Sections 305, 3(5) of the Bhartiya Nyay Sanhita, 2023. 2. The case of the prosecution, in brief, is that a report was lodged by the complainant, namely Dilharan Sahu, who stated that he had been working as a Rajmistri for the past six months in front of the New Police Station, Ward No. 09, under construction work at Atal Premises, where a submersible pump had been installed by contractor Kaushal Kulmitra. On 23.07.2025, at about 11:30 a.m., when the complainant went to start the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.26 16:27:47 +0530 2 submersible pump, he noticed that some unknown person had stolen the submersible pump cable wire measuring 120 feet, service wire measuring 100 feet, and the starter panel. Accordingly, the police registered the aforesaid offence against unknown persons and commenced investigation. During the course of investigation, the police arrested the co-accused and recorded his memorandum statement, based on which the present applicant was also arrested. 3. Learned counsel for the applicants submits that the applicant has been falsely implicated in this case. He further submits that the present applicant has been made an accused solely on the basis of the memorandum statement of another co-accused person. He also submits that the present applicant has only 03 criminal antecedents under the IPC, for which he has already been granted regular bail. He also submits that the present applicant has been in jail since 26.07.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the 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. She submits that the present applicant has 03 more criminal antecedents of the similar nature which shows that the applicant is a habitual offender, therefore, he is not entitled for grant of regular 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, particularly that the name of the applicant has come to light solely on the basis of the memorandum statement of the co-accused, and that the 3 applicant has 03 criminal antecedents under the IPC, in which he has already been granted regular bail. Also considering 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 26.07.2025, conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Shiv Shankar Anchal, involved in Crime No. 443/2025 registered at Police Station – Lormi, District Mungeli (C.G.) offence under Sections 305, 3(5) of the Bhartiya Nyay Sanhita, 2023, be released on bail on her furnishing personal bond with two sureties each 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 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 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek