1 2025:CGHC:443 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8684 of 2024 Bhoor Singh Chauhan S/o Bhuwan Singh Chauhan Aged About 30 Years R/o School Faliya Pipaldalya, Post Narwali, District Dhar, Madhya Pradesh. ... Applicant versus State of Chhattisgarh Through Police Station- Pulgaon, District – Durg, C.G. ---- Non-applicant For Applicant : Mr. Saket Pandey, Advocate. For Non-applicant/State : Mr. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.01.2025 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. 279/2024, registered at Police Station – Pulgaon, District – Durg (C.G.) for the offence punishable under Sections 395 and 411 of the Indian Penal Code (for short, IPC). 2. The case of the prosecution, is that on the night of 07-08.06.2024, five unknown masked persons broke the lock and got into the complainant's house in Rasamda village. They threatened to kill the complainant and his wife, tied them up, and stolen gold jewelry, including necklaces, 2 earrings, nose rings, bangles, and cash worth approximately Rs. 20,00,000/- rupees. A case under Section 395 of the IPC was registered at Pulgaonv Police Station. During the investigation, a suspect named Bhangu Davar was arrested and he confessed to committing the robbery along with his accomplices. They used tools like a crowbar, screwdriver, and hatchet to break the lock and get into the house and threatened the victims with death. After stealing the gold articles and cash, they divided the loot amongst themselves. Davar admitted to selling his share of the gold jewelry to another accused, Bhoor Singh Chauhan/applicant who also confessed to purchasing the stolen jewelry from Davar. He revealed that he sold the jewelry to another person at a commission of Rs. 5,000/- per 12 grams. In essence, the prosecution alleges that the applicant along with the co-accused persons have committed an armed robbery, along with threatening the life of the victims and they have stolen a significant amount of gold jewelry and cash, the accused have confessed to their involvement in the crime in question, and the stolen property has been traced. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 27.09.2024 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 there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that the applicant along with the co-accused 3 persons have committed an armed robbery, along with threatening the life of the victims and they have stolen a significant amount of gold jewelry and cash, the accused have confessed to their involvement in the crime in question, and the stolen property has been traced, 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 there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 27.09.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Bhoor Singh Chauhan, involved in Crime No. 279/2024, registered at Police Station – Pulgaon, District – Durg (C.G.) for the offence punishable under Sections 395 and 411 of the IPC, 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:- (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 4 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 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 Preeti