1 2025:CGHC:47507 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7449 of 2025 Mrigendra Rathour @ Ankit S/o Shri Santosh Rathour, Aged About 20 Years R/o Village- Mahuda, Police Station And Tahsil - Jaithari, District Anuppur (M.P.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Pendra, District - Gaurela-Pendra-Marwahi (C.G.) ... Respondent For Applicant : Ms. K. Radhika, Advocate. For Respondent/State : Shri Hariom Rai, 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.80/2025 registered at Police Station Pendra, Dist- Gaurela-Pendra- Marwahi (CG) for the offence punishable under Sections 303(2), 112(2), 3(5) of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.17 16:52:11 +0530 2 2. Case of the prosecution, in brief, is that on 19.03.2025, a complaint was made by the applicant Ramu Prasad Kaushik at the Pendra police station to the effect that he had purchased Swaraj tractor no. CG 10 AM 5262 chassis no. WSTN25425153643, engine no. 331008SY N06734 worth about Rs. 1,00,000/- from Inder Singh Rathore, which was not transferred in his name. On 17.03.2025 at around 07.00 pm, he got his said tractor parked outside his house by the driver, the next day when he got up at 07.00 am, his said tractor was not there, some unknown person had taken it away from him. He had stolen it. Based on the complaint lodged by the applicant regarding the above incident, a case was registered against an unknown person under Section 303 (2) IPC under Crime No. 80/25 of Pendra Police Station and the case was taken up for investigation. As part of the investigation, the applicant was arrested by the Pendra Police on 01 august, 2025. Hence, this application. 3. Learned counsel for the applicant submits that present applicant is innocent and he has been falsely implicated in the instant crime though he has no role in the said act and there is no direct evidence against the present applicant to connect him with the crime in question. She would submit that the prosecution case lacks direct evidence connecting the applicant to the alleged theft of the tractor. She would submit that charge-sheet has already been filed, applicant is in jail since 01/08/2025 and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case 3 before the competent court and the applicant has two criminal antecedents which has been explained in para 4A of the bail application. 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 of allegation levelled against the applicant, period of detention of the applicant since 01/08/2025, 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. Accordingly, the bail application is allowed and it is directed that the Applicant- Mrigendra Rathour @ Ankit, involved in Crime No.80/2025 registered at Police Station Pendra, Dist- Gaurela-Pendra- Marwahi (CG) for the offence punishable under Sections 303(2), 112(2), 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 4 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 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