1 2025:CGHC:1286 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8173 of 2024 Anjani Ekka D/o Antiyus Ekka Aged About 25 Years (Wrongly Mentioned In Order Sheet As 30 Years ) R/o Village Mahuadand Sarnadih P.S. Latehar District - Latehar (Jharkhand) ... Applicant versus State of Chhattisgarh Through - S.H.O. Police Station - Ramanujganj (C.G.) ... Non-applicant For Applicant : Mr. Pushkar Sinha, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.01.2025 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 has been arrested in connection with Crime No. 176/2024 registered at Police Station Ramanujganj, District Balrampur - Ramanujganj (C.G.), for the offence punishable under Sections 309(6), 310 (6), 311, 312 of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act. 2. The prosecution's case is that Rajesh Kumar Soni, owner of a ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.09 11:29:52 +0530 2 jewelry shop at Ramanujganj Gandhi Chowk, reported an incident where unknown persons looted gold and silver jewelry worth Rs. 2.85 crores and Rs. 7 lakhs in cash on September 11, 2024. Following an investigation, co-accused Anand Soni, Monu Soni, Raj Soni, Rahul Mehta, Rohit Singh, Radheshyam, Vikki Singh, Arvind Kumar, and the present applicant were charged. An FIR was registered against them for offenses under sections 309(6), 310(6), 311, 312 of the B.N.S. and sections 25, 27 of the Arms Act. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that only on the basis of memorandum of co-accused that some amount has been credited in the account of the applicant, present applicant made an accused in the case even though applicant has no role in commission of any crime. He also submits that the applicant has no criminal antecedents and she in jail since 20.09.2024, conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has not been submitted before the competent Court in the present case. She further submits that from the possession of the present applicant golden ring and chain were recovered, therefore, she is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case and further the fact that the present applicant has no criminal antecedents and the fact that the present applicant being a lady and she has been in jail since 20.09.2024, conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Anjani Ekka, involved in Crime No. 176/2024 registered at Police Station Ramanujganj, District Balrampur - Ramanujganj (C.G.), for the offence punishable under Sections 309(6), 310 (6), 311, 312 of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act, be released on bail on furnishing 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 she 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 her counsel. In case of her absence, without sufÏcient cause, the trial court may proceed against her 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 her 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 her, 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 her 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 Abhishek