1 2025:CGHC:4521 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8914 of 2024 Ketan Shah S/o Jagdish Shah Aged About 35 Years Resident of Kanchanganga, Phase -2, Infront of Little Flower School, Rohinipuram Police Station D. D. Nagar, Raipur, District : Raipur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through- Station House OfÏcer, Police Station Gudhiyari, Civil Revenue, District : Raipur, Chhattisgarh ... Non-Applicant For Applicant : Mr. Bharat Lal Sahu, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 648/2024, registered at Police Station – Gudhiyari, Civil Revenue, District : Raipur (C.G.) for the offence punishable under Section 305(?k)of the Bharatiya Nyaya Sanhita, 2023( for short ‘BNS’). 2. The case of the prosecution, is that that the complainant has lodged a report to the concerned Police Station, alleging that on the date of PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.25 14:04:17 +0530 2 incident, the unknown person have committed theft of silver of Hanuman Mukut from place of incident and on the basis of complaint made by the complainant, the Police has registered the case against the unknown persons and after the investigation, the Police has arrested the present applicant on the memorandum statement. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the Police has not seized any article from the applicant and he has not committed theft of the seized article and only on the basis of memorandum statement, the applicant has been arrested by Police. He further submits that the applicant has one previous criminal antecedents of similar nature of offence. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 12.11.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. He further submits that from the present applicant, Lord Hanuman Ji’s silver Mukut has been seized and he has one previous criminal antecedent of similar nature of offence, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that from the present applicant, Lord Hanuman Ji’s silver Mukut has been 3 seized and he has one previous criminal antecedent of similar nature of offence, further the charge-sheet has been filed against the applicant, the applicant is in jail since 12.11.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant - Ketan Shah, involved in Crime No. 648/2024, registered at Police Station – Gudhiyari, Civil Revenue, District : Raipur (C.G.) for the offence punishable under Section 305(?k)of the Bharatiya Nyaya Sanhita, 2023( for short ‘BNS’), 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 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti