1 2025:CGHC:974 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8805 of 2024 Sarvan Bhatt S/o Shri Shankar Bhatt Aged About 21 Years R/o Village Ward No. 02, Devarpara Sarangarh, Police Station - Sarangarh, Distt. Sarangarh - Bilaigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer Tarbahar, Police Station - Baramkela, Distt. - Sarangarh-Bilaigarh Chhattisgarh ... Non-applicant For Applicant : Mr. Manoj Kumar Jaiswal, Advocate For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.01.2025 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. 160/2024, registered at Police Station : Baramkela, District- Sarangarh-Bilaigarh (C.G.) for the offence punishable under Section 331(4), 305(A) and 3(5) of BNS, 2023. 2. The case of the prosecution, in brief, is that on 08.10.2024- 09.10.2024 during night, the applicant and other co-accused have KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 committed theft of Gold and Silver ornament worth Rs. 1,50,000/- and Rs. 35,000/- cash amount from the house of the complainant, thereafter, the complainant lodged complaint before the concerned police station, after the investigation, FIR was registered under Section 331(4), 305(A) & 3(5), of B.N.S., against the present applicant and other co-accused. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the prosecution case itself shows that the police have not seized any article from the present applicant and the registered offence are not made out against the applicant. He further submits that the complainant has not identified any article which was theft by the applicant and other co-accused person and in the present case, charge-sheet has been filed before the competent Court and the present applicant is in jail since 13.10.2024 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court and the applicant has no criminal antecedent. However, case diary reveals that the applicant, Sarvan Bhatt, along with other co-accused and a minor, broke into the house of complainant Harishankar Patel. They allegedly broke the lock of an almirah and stolen gold and silver jewelry, along with ₹35,000/- in cash, totaling ₹1,50,000/- and also the recovery made of stolen property from the applicant/accused Sarvan Bhatt. Hence, 3 he is not entitled for grant bail. 5. I have heard learned counsel 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 13.10.2024 and the fact that in the present case, charge- sheet has been filed before the competent Court and the applicant has no criminal antecedent therefore, no further interrogation is required and the trial is likely to take some time, thus, I am inclined to grant regular bail to the present applicant. 7. Let the applicant, Sarvan Bhatt, involved in Crime No. 160/2024, registered at Police Station : Baramkela, District- Sarangarh- Bilaigarh (C.G.) for the offence punishable under Section 331(4), 305(A) and 3(5) of BNS, 2023, be released on bail on his 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 sufÏcient cause, the trial court may proceed against him under 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal