1 2025:CGHC:3106 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 472 of 2025 Riky @ Balram Sahu S/o Bhagwano Sahu, Aged About 20 Years, R/o Kurla, P.S. Barhaguda, District – Bargarh, Orissa. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Basna, District – Mahasamund, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Sudhir Kumar Sahu, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 355/2024, registered at Police Station – Basna, District – Mahasamund (C.G.) for the offence punishable under Sections 303(2), 317(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023( in short ‘BNS’). 2. The case of the prosecution, is that that the complainant has lodged report to the concerned Police Station that on the date of incident, the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.17 20:32:09 +0530 2 unknown persons committed theft of tractor from the place of incident infront of his house and on the basis of complaint made by the complainant, the Police has registered the above offence against the unknown persons and during investigation, the Police has arrested the present applicant on the memorandum of the statement. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that only on the basis of memorandum statement of the accused persons, the applicant has involved as accused. Further, other accused person Gajendra Sahu has granted bail by learned trial Court and the applicant has not committed theft of the seized article. The stolen article has been seized from the co-accused person. It is further submitted that the applicant has one criminal antecedent and the charge-sheet has been filed in this case. The applicant is in jail since 28.12.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that on the date of incident, the unknown persons committed theft of tractor from the place of incident infront of his house and on the basis of memorandum statement, the applicant has arrested by Police, further the charge-sheet has been filed in this case and the applicant has one criminal antecedent, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature 3 and gravity of allegation levelled against the applicant and the fact that only on the basis of memorandum statement of the accused person, the applicant has involved as accused and no any said article has been seized from the applicant, the said article has been seized from the co-accused person, further the applicant has one criminal antecedent, the charge-sheet has been filed against the applicant, the applicant is in jail since 28.12.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant - Riky @ Balram Sahu, involved in Crime No. 355/2024, registered at Police Station – Basna, District – Mahasamund (C.G.) for the offence punishable under Sections 303(2), 317(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023( in short ‘BNS’), be released on bail on his furnishing a personal bond with two local 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 sufÏcient 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 4 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 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 Preeti