1 2025:CGHC:415 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8562 of 2024 Krishn Dutt Soni S/o Vishnu Dutt Soni Aged About 20 Years R/o Deendayal Colony House No. LIG- 57 Mangla Thana Civil Line District - Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Civil Line District - Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-Applicant : Mr. Hariom Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 1117/2024, registered at Police Station : Civil Line, District Bilaspur (C.G.) for the offence punishable under Sections 331(4), 250(A), 317(2) and 3(5) of Bhartiya Nyay Sanhita. 2. The case of the prosecution, in brief, is that on 26.10.2024, the complainant, Sanjay Sahu, lodged a written report against an 2 unknown person, stating that jewelry articles had been stolen from his house on the same date. Subsequently, the police registered an FIR against the unknown person. After conducting an investigation, the police arrested Vedant @ Lalla Jaiswal. Based on Vedant’s memorandum, the present applicant and other accused persons were also implicated in the case. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He submits that only on the basis of memorandum of co-accused person the present applicant has been implicated in this case. He further submits that the allegation against the present applicant is that he has purchased the stolen jewelry articles from co-accused Vedant @ Lalla Jaiswal. He further submits that the present applicant has 02 criminal antecedents of the year 2022 which are pending and he has been in jail since 13.11.2024 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the present applicant has purchased the stolen jewelry articles from co-accused Vedant @ Lalla Jaiswal. He further submits that the present applicant has 02 criminal antecedents under the IPC of the year 2022 which are pending , therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case that the present applicant has purchased the stolen jewelry articles from co-accused Vedant @ Lalla Jaiswal and he has 02 criminal antecedents of the year 2022 which are pending and also considering the fact that in the present bail application the charge- sheet has been filed before the competent Court and he has been in jail since 13.11.2024 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Krishn Dutt Soni, involved in Crime No. 1117/2024, registered at Police Station : Civil Line, District Bilaspur (C.G.) for the offence punishable under Sections 331(4), 250(A), 317(2) and 3(5) of Bhartiya Nyay Sanhita, be released on bail on furnishing 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. 4 (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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan