1 2025:CGHC:397 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8334 of 2024 Abhiman Malar S/o Surendra Malar Aged About 22 Years R/o Khijuri, P.S. Kisri, District - Giriyadih, Jharkhand ... Applicant(s) versus State Of Chhattisgarh Through Police Station Lawan District Balodabazar-Bhatapara Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Yogesh Chandra, Advocate. For Non-Applicant(s) : Smt. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/01/2025 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. 412/2024 registered at Police Station Lawan District Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 318(4), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2 2. Case of the prosecution, in brief, is that the complainant lodged an written report on 28.09.2024 alleging that when his wife was alone at house, an unknown woman came and took away the old cooker saying that she will give new things in exchange, after that again on 30.09.2024 she brought a new tea pot in exchange of which she brought tifÏn box and cooker on 01.10.2024 and started saying that give me all the broken silver and gold I will bring it in a hour thereafter complainant wife gave silver and gold ornament to her but the applicant went away. Therefore the offence has been registered against the applicant. 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 seven of the co-accused persons, namely, Smt. Belpati, Nirmala Devi @ Nirjala, Ashok, Antaradevi, Smt. Savita Devi, Awadesh Malar and Suraj Malar have already been granted bail by this Court vide order dated 20.11.2024, 25.11.2024 and 20.12.2024 in MCRC Nos. 8014/2024, 8029/2024, 8149/2024 and 8253/2024 and the case of the present applicant is similar to that of the co-accused persons. The applicant is in jail since 08.10.2024, the applicant has no criminal antecedent, 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 appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. She further 3 submits that the applicant is having one criminal antecedent of similar nature, 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. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 08.10.2024, also considering the fact that seven of the co- accused persons, namely, Smt. Belpati, Nirmala Devi @ Nirjala, Ashok, Antaradevi, Smt. Savita Devi, Awadesh Malar and Suraj Malar have already been granted bail by this Court vide order dated 20.11.2024, 25.11.2024 and 20.12.2024 in MCRC Nos. 8014/2024, 8029/2024, 8149/2024 and 8253/2024 and the case of the present applicant is similar to that of the co-accused persons, further the applicant has one criminal antecedents of similar nature, in which, he has been granted bail by this Court vide order dated 20.12.2024 in MCRC No.8253 of 2024 and 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. Let the Applicant-Abhiman Malar, involved in Crime No. 412/2024 registered at Police Station Lawan District Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 318(4), 3(5) of BNS, be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (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 sufÏcient 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 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 sufÏcient 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. 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 Akhil