1 2025:CGHC:47505 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7454 of 2025 Sonu Ahirwar S/o Ramesh Ahirwar Aged About 43 Years R/o Atal Avas, Adarsh Chowk, Thana- Kabeer Nagar, Distt.- Raipur C.G. ... Applicant versus State Of Chhattisgarh Through S H O, Thana- Bilaigarh, Distt.- Sarangarh-Bilaigarh C.G. ... Respondent For Applicant : Shri Samir Singh, Advocate. For Respondent/State : Ms. Soumya Sharma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/09/2025 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.103/2025 registered at Police Station Bilaigarh, Distt.- Sarangarh- Bilaigarh (C.G.) for the offence punishable under Sections 331(4), 305, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.17 16:52:10 +0530 2 112 (2), 3(5), 117 (2) of Bhartiya Nayay Sanhita. 2. Case of the prosecution, in brief, is that on 01.04.2025 the complainant namely Shantilal has lodged the report that, between 31st March to 1st April some unknown person has entered into his house and committed theft of ornaments and cash Rs.1,70,000/- there after report has been lodged and police has arrested the applicant for the alleged commission of offence. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that three co-accused persons namely Mannulal Pardhi, Amar Singh Pardhi and Sanjay Kumar Pardhi have been granted bail by this Court in MCRC No.7095/2025 on 08/09/2025. He would submit that gold ornaments were recovered from co-accused Mannulal Pardhi and Sanjay Kumar Pardhi and not from the present applicant. He would submit that the applicant has one criminal antecedent of the year 2025 in which he is on bail, charge sheet has been filed in this case, applicant is in jail since 26/05/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. Learned State Counsel do not dispute the fact that co-accused persons namely Mannulal Pardhi, Amar Singh Pardhi and Sanjay Kumar Pardhi have been granted bail by this Court in MCRC No.7095/2025 on 08/09/2025. She would submit that charge sheet has been filed in this case before the competent court and the applicant has two criminal antecedents which are of the year 2019 and 2025. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, considering the fact that three co-accused persons namely Mannulal Pardhi, Amar Singh Pardhi and Sanjay Kumar Pardhi have been granted bail by this Court in MCRC No.7095/2025 on 08/09/2025, period of detention of the applicant since 26/05/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Sonu Ahirwar, involved in Crime No.103/2025 registered at Police Station Bilaigarh, Distt.- Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 331(4), 305, 112 (2), 3(5), 117 (2) of Bhartiya Nayay Sanhita, 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 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. 4 (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 send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri