1 2025:CGHC:47823 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7465 of 2025 Suraj Singh S/o Haricharan, Aged About 19 Years R/o Jagatpur, Raigarh, P.S. City Kotwali, Tah. And District Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The SHO, P.S. - Kotra Road, District Raigarh (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ritesh Verma, Advocate. For Respondent(s) : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/09/2025 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. 226/2025 registered at Police Station Kotra Road, District Raigarh (C.G.) for the offence punishable under Sections 303(2), 112, 3(5) of Bharatiya Nyaya Sanhita (for short “BNS’). 2. Case of the prosecution, in brief, is that on 08.05.2025, the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 applicant along with other co-accused committed theft of 34 vehicle batteries. After receiving multiple complaints, the police traced the applicant and the co-accused, conducted inquiry into the incidents, and subsequently registered the offence. Hence, this application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the identically situated co- accused, namely, Manish Kumar Patel has already been granted regular bail by this Court vide order dated 11.07.2025 in MCRC No.4337 of 2025, copy of which is annexed as Annexure A/4. The applicant is in jail since 19.05.2025, the applicant has three criminal antecedents and in all the said three cases, applicant is on bail, further 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 opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant in collusion with other co-accused persons allegedly committed theft of 34 batteries, so far as criminal antecedents of the applicant are concerned, applicant has four criminal antecedent, out of which, three cases are of identical nature and one case is under the Excise Act, 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. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 19.05.2025, the fact that though the applicant in collusion with other co-accused persons allegedly committed theft of 34 batteries, but considering the fact that co-accused, namely, Manish Kumar Patel has already been granted regular bail by this Court vide order dated 11.07.2025 in MCRC No.4337 of 2025 and the case of present applicant is identical to that of the aforementioned co- accused person, further 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. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Suraj Singh, involved in Crime No. 226/2025 registered at Police Station Kotra Road, District Raigarh (C.G.) for the offence punishable under Sections 303(2), 112, 3(5) of BNS, 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 4 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 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. 9. 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 Akhil