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2025 DAILYLAW 44440 (CHH)

MANAS SINGH v. STATE OF CHHATTISGARH

MCRC/7682/2025 · 2025-09-22

body2025

Judgment text

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1 2025:CGHC:48814 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7682 of 2025 Manas Singh S/o late Ashwani Singh, Aged About 22 Years R/o Omnagar Ward No. 9, Jarhabhatha, Bilaspur, Police Station- Civil Line, District- Bilaspur Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Civil Line, Bilaspur District- Bilaspur Chhattisgarh. ... Respondent For Applicant : Shri Bharat Rajput, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/09/2025 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.419/2025 registered at Police Station Civil Line, Bilaspur, District- Bilaspur (C.G.) for the offence punishable under Sections 331(4), 305, 3(5) of Bhartiya Nyay Sanhita, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.23 19:22:47 +0530 2 2. Case of the prosecution, in brief, is that on 16.04.2025, the complainant Harpreet Singh lodged report to the effect that some unknown person have broken the lock of gate of Gurudwara and stolen the amount of Rs.20,000/- kept in Gift Box and two Kripan total amounting to Rs. 22,000/-. On the basis of said report, the offences U/s 331(4), 305 of B.N.S. was registered against unknown person and during course of investigation, the accused persons including present applicant have been arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the FIR was lodged against unknown person and only on the basis of suspicion, the present applicant has been arrested in this case and the applicant has not stolen the cash amount kept in gift box of Gurudwara. He would submit that co-accused Avinash Ratre has been granted regular bail by this Court on 30.07.2025 in M.Cr.C. No.4315/2025. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 22/05/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. She would submit that the applicant has six criminal antecedents out of which four criminal antecedents have been explained by filing additional affidavit. 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, 3 nature of allegation levelled against the applicant, considering the fact that co-accused Avinash Ratre has been granted regular bail by this Court on 30.07.2025 in M.Cr.C. No.4315/2025, period of detention of the applicant since 22/05/2025, 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- Manas Singh, involved in Crime No.419/2025 registered at Police Station Civil Line, Bilaspur, District-Bilaspur (C.G.) for the offence punishable under Sections 331(4), 305, 3(5) of Bhartiya Nyay Sanhita, 2023., 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 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 4 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