2025:CGHC:371 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C. No. 7754 of 2024 Sandeep Kumar Shrote, S/o Goutam Singh Shrote, aged about 18 Years, R/o Village Sirki, Police Station Deepka, District Korba, C.G. ---- Applicant Versus State Of Chhattisgarh Through The Station House Officer, Police Station Deepka, District Korba, C.G. --- Respondent For Petitioner : Shri Ajay Kumar Chandra, Advocate. For Respondent : Shri Sakib Ahmed, P.L. . & M.Cr.C. No. 8300 of 2024 Ajay Das Mahant S/o Mangal Das Mahant Aged About 26 Years R/o Village- Pachpedi Police Station- Urga, District- Korba, C.G. ---- Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station- Dipka, Korba, District- Korba, C.G. --- Respondent For Petitioner : Shri Aashutosh Shukla, Advocate. ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.01.04 13:25:21 +0530 -2- Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/01/2025 1. These are the first bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicants who have been arrested in connection with same Crime No. 324/2024 registered at Police Station - Deepka, District- Korba (C.G.), for the offence punishable under Sections 303(2) and 3(5) of Bhartiya Nyay Sanhita. 2. Case of the prosecution, in brief, is that, upon secret information complainant Nandlal Rai (Security Inspector), SECL, Gavera Project lodged an FIR that vehicles Bolero bearing registration No. CG-12/BE/1156 and CG-12/BE/1156 stealing Diesel from the vehicles in the standing dozer and dumper area. After investigation in the night itself the Security Guard of the SECL found that the Diesel was stolen from the Dumper and other vehicles. 3. Learned counsel for the applicants submit that the present applicant are innocent persons who have been falsely implicated in the aforementioned case. He further submits that the present applicants are in jail since 20.10.2024, and 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, learned State counsel opposes the bail application of the applicants. 5. I have heard learned counsel appearing for the parties and perused the case diary. -3- 6. Taking into consideration the facts & circumstances of the case, nature and gravity of offence, period of detention of the applicants since 20.10.2024, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicant- Sandeep Kumar Shrote and Ajay Das Mahant, involved in Crime No. 324/2024 registered at Police Station - Deepka, District- Korba (C.G.), for the offence punishable under Sections 303(2) and 3(5) of Bhartiya Nyay Sanhita be released on bail on his furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the -4- date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberated 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 them in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Ashish