1 2025:CGHC:114 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8921 of 2024 Raju Singh Rajput S/o Panchram Rajput Aged About 40 Years R/o Civil Line Bemetara, Occupation Driver of Family Court Bemetara, Police Station and Tahsil Bemetara, District- Bemetara, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, Bemetara, District- Bemetara, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Goutam Khetrapal, Advocate. For Non-Applicant : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.01.2025 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. 543/2024, registered at Police Station : Bemetara, District- Bemetara, (C.G.) for the offence punishable under Sections 331(4), 305(E), 324, 62 of Bhartiya Nyay Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant, Hamid Ahmed, lodged a verbal report at Police Station Bemetara stating that on 19-10-2024, at about 2:05 a.m., he received a call on his 2 mobile number 7209859877 from mobile number 8286019435 belonging to the ATM Monitoring Centre of CMS Mumbai, Maharashtra. He was informed that an individual had entered the ATM of Indian Bank (formerly Allahabad Bank), located on the premises of his bank branch, and was tampering with the ATM machine after pulling down its shutter. The complainant, along with his brother-in-law Roshan Abbas, went to the ATM of his bank branch and found the shutter closed, with sounds of breaking coming from inside. He then opened the shutter with the help of police staff, who had arrived by that time. Inside, they found a person wearing a jacket, a helmet on his head, and his face covered with a red cloth. The person was in possession of tools, including pliers, a cutter, and an iron crowbar, stored in a bag. Upon inquiry, the person identified himself as Raju Singh Rajput and disclosed that his Activa scooter was parked in a dark area near a hotel. The applicant/accused had entered the ATM at night with the intent to steal, damaged the upper part of the ATM machine, and was attempting to break and steal from the machine. Based on the complainant’s report, Crime No. 543/2024 was registered against the applicant/accused at Bemetara Police Station, and he was subsequently arrested. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that at the time of offence he went to drop his officer at her house which is situated at Bilaspur (C.G.) and he was returning back to his home after completion of 3 his official duty. He further submits that the charge-sheet has been filed in this case and the present applicant has no previous criminal antecedents. He also submits that the present applicant has been in jail since 19.10.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail in the present case. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. He further submits that the applicant/accused had entered the ATM at night with the intent to steal, damaged the upper part of the ATM machine, and was attempting to break and steal from the machine, therefore, the present applicant is not entitled to be granted regular bail in this case. 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 allegation levelled against the applicant and though the applicant/accused had entered the ATM at night with the intent to steal, damaged the upper part of the ATM machine, and was attempting to break and steal from the machine but, the charge sheet has been submitted before the competent Court and he has no previous criminal antecedents and the applicant is in jail since 19.10.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this first bail application. 4 7. 4 7. Let applicant, Raju Singh Rajput, involved in Crime No. 543/2024, registered at Police Station : Bemetara, District- Bemetara, (C.G.) for the offence punishable under Sections 331(4), 305(E), 324, 62 of Bhartiya Nyay Sanhita, 2023, 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. (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, 5 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