1 2025:CGHC:435 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8621 of 2024 Anup Singh S/o Bhrigunarayan Singh, Aged About 36 Years R/o L.I.G. 4/C Sector Shahpura, P.S.- Shahpura, District-Bhopal (M.P.) ... Applicant versus State of Chhattisgarh Through-Station House Officer, Police Station - Supela, District-Durg (C.G.) ... Non-applicant For Applicant : Mr. Sumit Jhawar, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 406/2024 registered at Police Station – Supela, District Durg (C.G.) for the offence punishable under Sections 454, 380/34 of the Indian Penal Code. 2. According to the prosecution, on April 6, 2024, the applicant and co-accused allegedly committed house trespass and housebreaking, stealing cash, gold, and silver ornaments worth Rs. 2 48,000/- from the house of complainant Sanjay Bhatia. Consequently, an offense was registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that on the basis of memorandum statement of other co-accused the applicant has been implicated in the present case. He also submits that the present applicant has 05 criminal antecedents of the similar nature for which he has already been given explanation in the form of covering memo, which is also annexed in the present bail application. He further submits that the present applicant is in jail since 08.04.2024, 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, learned State counsel opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He also submits that the present applicant has 05 criminal antecedent of the similar nature, which shows that he is a habitual offender, therefore, he is not entitled for grant of regular 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 that the present applicant has 05 criminal antecedents of the similar nature for which he has already been given explanation in the form of covering memo, which is also annexed in the present bail 3 application. Moreover, the fact that in the present bail application the charge-sheet has been filed before the competent Court and the present applicant is in jail since 08.04.2024 and conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Anup Singh, involved in Crime No. 406/2024 registered at Police Station – Supela, District Durg (C.G.) for the offence punishable under Sections 454, 380/34 of the Indian Penal Code, be released on bail on his 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 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 84 of BNSS. is issued 4 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek